Okla. Admin. Code § 35:40-5-91
Current through Vol. 42, No. 4, November 1, 2024
Section 35:40-5-91 - Supplemental program information(a) Proposals are not limited to a specific dollar amount. The Department reserves the right to recommend an increase or decrease in the amount of requested funding based on its findings and on its level of available funds.(b) Proposals may be submitted at any time . Deadline dates for submissions are January 1st, April 1st, July 1st, and October 1 st or the next regular business day if the Department offices are closed on the day specified. Reviews for loan and grant requests shall be made on a quarterly basis.(c) The Oklahoma Department of Agriculture, Food, and Forestry shall complete initial screening for completeness and eligibility of all proposals upon receipt. Should revisions or corrections be deemed necessary, the applicant may withdraw and resubmit so long as they submit the revision by the deadline dates. Should the Department recommend a funding level less than the amount requested in the proposal, the Department shall confer with the applicant to determine whether the amount recommended would alter the project's feasibility. No individual may participate in, or vote on, a decision on an application relating to an organization in which that individual has a direct personal financial interest.(d) Following approval of the loan or grant request by the State Board of Agriculture, a formal loan or grant contract shall be executed between the Board and the borrower or grantee. This agreement shall specify the agreed upon objectives, tasks to be performed, time line and budget, fund release schedule, and any other conditions specific to the individual proposal. Under the terms of all loan or grant contracts, the borrower or grantee shall submit an interim report to the Department for approval that outlines the projects progress, time lines, and budget compliance prior to the Department issuing each of the subsequent payments. In most cases, the entire loan or grant amount shall not be released at the time of the Board's decision. The release of funds shall be tied to the loan or grant contract, and any insufficiencies with the contract may result in withholding of further funding. Grant awards exceeding $2,500 shall be disbursed in two or more installments to the grantee. Borrowers and grantees shall submit a comprehensive final written report describing the work performed and the results obtained no later than sixty (60) days after completion of the contract. This comprehensive report shall be supplemented by the financial report of all expenses actually incurred and income generated by the project. (e) To protect the investment of the Board and of the people of Oklahoma, those financial documents, books, receipts, orders, expenditures, electronic data, and accounting procedures and practices of the borrower or grantee necessary to evaluate the use of loan or grant funds are subject to examination by or for the Department at any time for three years following the termination of the project.(f) Oklahoma Agriculture Enhancement and Diversification loan or grant funds may be used to buy supplies and cover day-to-day expenses of the project.(g) To the extent allowed under Oklahoma law, the Department may limit the dissemination of information concerning a proposal, but in any event, does not assume any liability for inadvertent disclosure.(h) Subject to the policies, if any, of participating public programs and entities, rights to use products, processes, or services developed under this loan or grant program shall remain with the borrower or grantee. Subject to the same policies, all rights to project outcomes may revert to the Department if the borrower, grantee or assignee fails to market the product, process, or service in accordance with individually negotiated funding contracts. In such cases, the Department shall provide notice and the opportunity to others to assume control of research projects. In these cases, priority shall be given to any licensee under such property or others who benefit Oklahoma commercially, with first priority being given to small firms in non-urban areas of the state.(i) In certain cases, the Department may receive royalties on the sale or lease of any product, process, or service developed under the loan or grant. Royalty agreements shall be negotiated at the time of the loan or grant contract and shall be structured so that the Department can recover a portion of its investment of public funds. Repaid funds shall be used to make new investments in other Oklahoma Agriculture Enhancement and Diversification Program projects.(j) In the event that a grantee or loan recipient fails to comply with the terms of the agreement, including but not limited to failure to pay back loans pursuant to the terms outlined in the Agreement or failure to submit reports in a timely manner, the grantee or loan recipient shall not participate in any events sponsored by any program of the Oklahoma Department of Agriculture, Food, and Forestry related to market development.(k) Failure to complete the terms of the agreement shall result in an audit and collection activities by the Oklahoma Department of Agriculture, Food, and Forestry.Okla. Admin. Code § 35:40-5-91
Added at 17 Ok Reg 299, eff 11-2-99 through 7-14-00 (emergency)1; Added at 17 Ok Reg 3569, eff 8-31-00 (emergency); Added at 18 Ok Reg 1022, eff 5-11-01; Amended at 19 Ok Reg 1252, eff 5-28-02; Amended at 26 Ok Reg 1822, eff 7-1-09Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/20161This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of Section 35:40-5-91 was no longer effective, and remained as such until added again by emergency action on 8-31-00. For the official text of the emergency rule that was effective from 11-2-99 through 7-14-00, see 17 Ok Reg 299.