10 CCR s 5428

Cal. Admin. Code tit. 10, s 5428

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.7. DEPARTMENT OF COMMERCE: COMPETITIVE TECHNOLOGY PROGRAM
ARTICLE 2. APPLICATION PROCESS
This database is current through 01/05/07, Register 2007, No. 1.
s 5428. Final Action on Applications.

(a) An application receiving a negative peer review pursuant to Section
5427 shall be forwarded by the agency staff to the secretary. The
secretary either shall not fund the grant request, or shall return such
application to agency staff for evaluation pursuant to Section 5425(d)(1).

(b) The agency staff shall forward each application, together with all
related material, to the secretary following completion of the peer review
and staff review, pursuant to Section 5427 and Sections 5425(d)(1) and
(2), respectively.

(c) The secretary's decision to award a grant shall be based upon:

(1) a finding that the project is eligible for funding:

(2) the peer review; and

(3) the agency staff review of program goals.

(d) Within one hundred and twenty (120) days after the agency's receipt of
an application or, if the secretary has established funding cycles
pursuant to Section 5424(b), after the deadline for submitting
applications for any funding cycle, the agency shall notify the applicant
that:

(1) the application is incomplete pursuant to Section 5425(a) or is
ineligible pursuant to Section 5425(b);

(2) the secretary has approved or denied the grant request or
approved a grant in a lesser dollar amount; or

(3) the funding decision has been deferred by the secretary until
the next funding cycle.

(e) A determination that the application is incomplete or ineligible shall
be accompanied by a written explanation and a description of what, if
anything, can be done to remedy any deficiency. A denial of funding shall
be accompanied by a written explanation of the reasons for such denial.
Applicants for projects determined to be ineligible or which have been
denied funding hereunder shall not be precluded from reapplying at any
time for funding, nor shall they be precluded from requesting
discretionary grants.

(f) If, subsequent to approving grants, the secretary determines that
insufficient funds exist to fully fund all approved grants, the secretary
shall be authorized to reduce or eliminate funding from some or all
previously approved grants. Applicants with reduced or eliminated funding
shall be so notified by a letter from the secretary mailed to the
applicant.

(g) Following approval of a grant by the secretary pursuant to Section
5428 or Section 5431, the agency and the successful applicant shall enter
into a grant agreement on terms mutually acceptable to all parties prior
to funding of the grant.

Note: Authority cited: Section 15379.9, Government Code.
Reference: Sections 15333.5 and 15379.3, Government Code.

HISTORY

1. Repealer by operation of Government Code section 11346.1(g) and new
section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For prior
history, see Register 89, No. 2.

2. New subsection (f) and relettering filed 12-15-92 as an emergency;
operative
12-15-92 (Register 92, No. 51). A Certificate of Compliance must be
transmitted to OAL 4-14-93 or emergency language will be repealed by
operation
of law on the following day.

3. Change without regulatory effect amending section filed 2-7-94
pursuant to
title 1, section 100, California Code of Regulations (Register 94, No.
6).

10 CCR s 5428, 10 CA ADC s 5428
1CAC

10 CA ADC s 5428

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