W. Va. Code R. § 148-4-6

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 148-4-6 - Return of Donated Property
6.1. Requirement of SASP to provide for return of donated property if property is still usable as determined by SASP, and donee has not used property for purpose within one year. When the SASP determines (1) that property is still usable, and (2) has not been put into use by a donee within one (1) year from the date of receipt of the property or when the donee has not used the property for period of restricted use under the terms and conditions of the application for eligibility signed by the administrative officer as a condition of eligibility, the donee must return the property at its own expense to the SASP warehouse; transfer the property to another eligible donee as directed by the SASP, or make such other disposal of the property as the SASP may direct. For the application for eligibility, see Appendix C of the State Plan of Operations.
6.2. Donee need ends but restriction period still in place. When a donee no longer has a need or use for donated property which is currently under a period of state plan restriction and no breach of these restrictions has occurred, the donee may be reimbursed on a pro-rated basis for the following expenses when the property is transferred to another donee or a federal SASP, or sold for the benefit and account of either the State of West Virginia or the United States of America:
6.2.a. Reimbursable Expenses:
(1) Service charges paid to the SASP;
(2) Transportation charges paid by the donee in initially acquiring the property;
(3) Initial costs of repairs required to make the item usable.

The SASP will recommend for GSA approval the amount of reimbursement to which the donee is entitled, taking into consideration the benefit the donee has received from the use of the property and making appropriate deductions therefore. In the case of sale, reimbursement to a donee for any item shall not exceed the proceeds of the sale of the item.

6.3. Communication of Return Requirements. The SASP will emphasize the requirements for the return of unused donated property at meetings and when issuing information to donees, as well as when conducting surveys and state plan visits.
6.4. Return of property. Return of surplus property may be accomplished by:
6.4.a. Physical return to SASP, if required;
6.4.b. Re-transfer to another donee, SASP or federal SASP, as designated by the SASP
6.4.c. Disposal by sale or other means, as directed by the SASP.
6.5. Return Request and Approval. When a donee requests to return donated property it must be made in writing (written request). SASP determines the appropriate action and then will contact GSA for approval.

W. Va. Code R. § 148-4-6