W. Va. Code R. § 155-9-10

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

Section 155-9-10 - Grant Funds Recovery Procedures

10.1. If a grantor agency believes grant funds are subject to recovery, the grantor agency shall provide the grantee the opportunity for at least one informal conference to determine the facts and issues and to resolve any conflicts before taking any formal recovery action.

10.2. If a grantor agency determines that certain grant funds are to be recovered, then, prior to taking any action to recover the grant funds, the grantor agency shall provide the grantee of the funds a written notice via certified mail, return receipt requested, of the intended recovery. This notice shall identify the funds and the amount to be recovered and the specified facts which permit recovery.

10.3. A grantee has 35 calendar days from the receipt of the notice required in subsection 10.2 of this rule to return the grant funds or request a hearing in writing to show why recovery is not justified or proper.

10.4. If a grantee requests a hearing pursuant to subsection 10.3 of this rule, then:

10.4.1. The hearing shall be conducted under W.Va. Code § 29A-5-1, et seq. and be presided over by the grantor agency head or their designee.

10.4.2. The grantor agency shall hold the hearing at which the grantee or designated representative may present evidence and witnesses to show why recovery should not be permitted, and,

10.4.3. After the conclusion of the hearing, the grantor agency shall make a final decision and issue a written final recovery order in compliance with § 29A-5-3 of the code and send a copy of the order to the grantee and the State Auditor.

10.4.4. If a grantee requests a hearing pursuant to Subsection 10.3 of this rule then the grantor agency may not take any action of recovery until at least 35 calendar days after the grantor agency has issued a final recovery order pursuant to the requirements of Subsection 10.4 of this rule.

10.5. If a grantee does not return the grant funds or request a hearing as permitted in Subsection 10.3 of this rule, then the grantor agency may proceed with recovery of the grant funds identified in the notice issued pursuant to the requirements of Subsection 10.2 of this rule at any time after the expiration of the 35 calendar day request period established in Subsection 10.3 of this rule.

10.6. Any grant funds which have been misspent or are being improperly held are subject to recovery by the grantor agency which made the grant. The grantor agency shall take affirmative and timely action to recover all misspent or improperly held grant funds. In order to effectuate the recovery of such grant funds, the grantor agency making the grant may use any one or a combination of the following:

10.6.1. Offset the amounts against existing grants or future grants to be made by the grantor agency making the recovery;

10.6.2. Request offsets of the amounts from existing grants or future grants to be made by other grantor agencies;

10.6.3. Initiate any debt collection method authorized by law against any private person, business, or entity;

10.6.4. Remove the grantee from the grantor agency's programs and debar the grantee's participation in future grant programs for a period not to exceed three years or until removed from the debarred list; or

10.6.5. Request further action under Subsection 10.7 of this rule to recover grant funds and otherwise enforce all applicable laws.

10.7. The Attorney General, independently or on behalf of the State Auditor, may take any action within his or her authority to recover any grant funds which have been misapplied or are being improperly held and has all the powers of collection established by law in addition to any other powers authorized by law, including, without limitation, to file lawsuits to recover grant funds.

10.8. All grant funds, whose use is not restricted by law or otherwise appropriated, which are recovered by the grantor, or State Auditor, and expired or unexpended grant funds remaining at grant completion or termination, shall be deposited in a special revenue fund in the State Treasury known as the "Grant Recovery Fund".

W. Va. Code R. § 155-9-10