W. Va. Code R. § 148-18-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-18-6 - Debarment

6.1. Any grantee failing to file a required report or sworn statement of expenditures for state grants disbursed after July 1, 2003, within the required time is barred from subsequently receiving further state grants until the grantee complies with its reporting responsibilities and is otherwise in compliance with the provisions of this rule.

6.2. The grantor has primary responsibility for determining if the grantee has filed a required report or sworn statement of expenditures, the date the report or statement was filed, and if the report or statement meets all Statutory and Administrative requirements. Proof of grounds for debarment must be clear and convincing.

6.3. The grantor shall administer the debarment process.

6.3.1. Once the grantor determines that a grantee should be debarred, the grantor shall notify the grantee by certified mail, return receipt requested, of the reasons and the causes relied upon for the proposed debarment.

6.3.2. If the grantee disputes the proposed debarment, it must submit its argument to the grantor in writing within 30 calender days after receipt of the notice.

6.3.3. If a grantee contests the debarment decision, the grantor shall decide the matter in accordance with the provisions of W. Va. Code '29A-5-1 et seq.

6.4. The grantor is responsible for notifying the Legislative Auditor when a grantee has been debarred from receiving state grants.

6.5. A grantee=s failure to satisfy its reporting responsibilities under W. Va. Code '12-4-14 with regard to one state grant precludes the grantee from receiving other state grants, from either the same state spending unit or from a different one.

6.6. The reporting requirements and related penalty provisions associated with W. Va. Code '12-4-14 do not affect a grantee=s ability to apply for federal financial assistance or receive other types of funding, such as those referenced within Section 2.4 of this rule.

6.7. Before disbursing a state grant, the grantor shall first confirm with the Legislative Auditor that the person seeking the State grants has not been debarred.

W. Va. Code R. § 148-18-6