N.M. Admin. Code § 2.110.4.17

Current through Register Vol. 36, No. 1, January 14, 2025

Section 2.110.4.17 - SANCTIONS

A. Grantee sanctions may include any administrative action authorized by the division director taken against a grant or distribution program for improper or inadequate performance or non-compliance with one or more condition(s) of the grant agreement, based on state program requirements, or failure to follow through on the approved DWI application, including the signed statement of assurances or the local DWI planning council approved plan. In each instance, to the extent possible under the circumstances, the sanctions imposed by the director will be intended first, to correct the deficiency; second, to mitigate any adverse effects or consequences of the deficiency; and third, to prevent recurrence of the same or similar deficiencies.

B. Examples of deficiencies include but are not limited to the following:

(1) failure to correct monitoring or audit findings;

(2) failure to document and report to the division in a timely manner all DWI expenditures of the grant or distribution programs;

(3) failure to implement the project in a timely fashion;

(4) lack of continuing capacity to administer the program;

(5) failure to execute planned activities in accordance with the grant agreement or the approved DWI application for distribution programs;

(6) failure to comply with the local DWI planning council approved plan; and

(7) implementation of a project change without prior division approval.

C. Types of sanctions:

(1) The division director may withhold grant program reimbursement payments, or disallow further distribution draw-downs when there are specific irregularities in payment requests or contractual obligations.

(2) The division director may withhold distributions to distribution programs if the DWI program is not implementing the council-approved DWI programs, services or activities as set forth in the application.

(3) The division director may suspend authority to proceed with any grant or distribution program's programs, services or activities when monitoring of the programs, services or activities warrants such action. Cause for suspension may include local management or project administration irregularities or nonperformance in matters of program compliance, failure to comply with the state procurement code, failure to implement council-approved DWI programs, services or activities as set forth in the application, including the signed statement of assurances, failure to implement the local DWI planning council approved plan, or any other failures or unsatisfactory performance for which the grant or distribution program has been cited by written correspondence or instructions. Any suspension will be in effect until the grant or distribution program cures all causes for suspension, or until termination. The division director shall provide the grant or distribution program with an opportunity to appeal the suspension within 15 calendar days after receipt of written notice of the suspension to demonstrate why the grant or distribution should not be suspended. The director will review any appeal of the suspension and may, in the director's sole discretion, proceed with the suspension, impose another sanction, or resume normal processing of the grant or distribution program.

(4) Termination:

(a) The division director may terminate a grant or distribution program's receipt of further funds after receiving council approval to do so.

(b) Grounds for termination:

(i) the grantee or distribution program is noncompliant with state program statutory requirements, or these regulations;

(ii) the grantee or distribution program lacks the continuing capacity to administer the project;

(iii) the grantee or distribution program has not implemented the project in a timely manner; or

(iv) the grantee or distribution program has not implemented the DWI programs, services or activities approved by the council in the county program application.

N.M. Admin. Code § 2.110.4.17

5/20/94; 11/17/95; 12/15/97; Recompiled 10/01/01, Adopted by New Mexico Register, Volume XXVIII, Issue 01, January 17, 2017, eff. 1/17/2017