§ 7049. Recovery of Funds for Non-Performance and Unused Funds.

(a) If the Authority determines that the use of the Grant funds did not comply with Children's Hospital Program of 2004 requirements and the terms of the Grant Agreement for an approved Project, the Authority may require remedies, including a return of all Grant funds.

In cases where Grant funds paid for a component of a Project that does not specifically benefit pediatric patients, such as architect, design or engineering fees or land acquisition costs, and if the Authority determines that the Grantee did not complete a larger Project as described in the timelines provided with the Application, the Authority may require remedies, including a return of all Grant funds.

If the Project, or any part thereof, funded with Grant funds ceases to be used by the Children's Hospital before the end of the useful life of the Project, the Authority is entitled to recover Grant funds in an amount that bears the same ratio to the value of the Project, or the appropriate part thereof, at the time it ceased to be used by the Children's Hospital as the amount of the Grant bore to the cost of the Project or the appropriate part thereof. For purposes of this paragraph, the value of the Project, or the appropriate part thereof, is determined by mutual agreement of the Authority and the Grant recipient or through an action brought for that purpose in the superior court.

(b) If any portion of the Grant is forfeited to the Authority, the forfeited funds shall be deemed remaining funds for purposes of Section 7042.

HISTORY

1. New section filed 2-11-2005 as an emergency; operative 2-11-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-13-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-23-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 5-26-2005 order, including repealer of former section 7049 and renumbering of former section 7048 to section 7049 with amendment of section heading, section and Note, transmitted to OAL 9-14-2005 and filed 10-27-2005 (Register 2005, No. 43).

4. Amendment of subsection (a) filed 10-7-2009; operative 10-7-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).

Note

Note: Authority cited: Sections 1179.22, 1179.24 and 1179.32, Health and Safety Code. Reference: Sections 1179.22, 1179.24 and 1179.25, Health and Safety Code.