Okla. Admin. Code § 310:642-7-2

Current through Vol. 41, No. 19, June 17, 2024

Section 310:642-7-2 - [Effective 9/14/2024] Disbursement of funds

(a)Action following Department approval and prior to disbursement of funding.

(1)Notification of approval. Upon approval of an OERSSIRF proposal, the Department shall furnish to the applicant a written notice of approval. The notice shall advise the applicant that the funds approved shall be made available to the applicant by the Department for such purposes and upon conditions as provided in paragraph (2) of this subsection (relating to additional conditions prior to disbursement of funds).

(2)Additional conditions prior to disbursement of funds.

(A) Applicant shall establish a special and separate federally insured fund or account within applicant's accounting system in and through which the proceeds shall be administered and accounted for by the applicant.

(B) Unless otherwise provided and approved by the Department, applicant shall submit to the Department all plans, specifications and benchmark completion reports for the project for Department approval, all of which shall be complete and in sufficient detail as would be required for submission of the project to a contractor for bidding or contracting the project. If not previously provided, applicant shall provide Department with a written and verified statement setting forth:

(i) The amount of funds necessary for release and disbursement at closing needed for commencement of the project, and

(ii) The reasonable availability of all other revenue or funding sources needed to finance and complete the project.

(C) Applicant and Department, and all other necessary parties, shall have executed all necessary and incidental instruments and documents, including but not limited to a vendor agreement.

(3)Department action on request for withdrawal of funding. If, prior to disbursement of the monies to the applicant, the project bids exceed the estimates or it otherwise develops that the OERSSIRF proposal amount approved by the Department, when combined with any other sources of funding, will be insufficient to complete the approved project, then the applicant may file a written request to decline funding and withdraw its proposal for the current fiscal year.

(b)Disbursement of funding to applicant; action following disbursement.

(1)Disbursement contingent on completion of conditions; reduction from approved amount. At the time of and upon compliance by the applicant with the applicable requirements in subsection (a) of this Section, the Department shall disburse the approved amount of OERSSIRF funds to the applicant for the approved project.

(2)Disbursement in whole or part; timing. Funds may be disbursed to the applicant in installments or in lump sum, and may be disbursed prior to, during, or upon, completion of the project, all as deemed appropriate by the Department under the project circumstances presented. The Department shall conduct on-site inspections to confirm completion of benchmarks described in the project plan.

(3)Post-disbursement requests for increases in funding amount. If after disbursement of the monies to the applicant it develops that the applicant needs more money for the project than the OERSSIRF amount disbursed by the Department, the Department may evaluate remaining funds and at its discretion may increase funding no more than 10% over the original proposed amount.

(4)Post-disbursement action regarding unexpended funding. If following completion of the project the applicant needed less money for the project than disbursed by the Department, the applicant shall return the unexpended amount to the Department. Unused funding shall be returned to the fund and made available during the next funding year.

(5)Reports. The Department may require quarterly or biannual progress reports and may at any time perform on-site inspections.

(A) Applicants shall provide all requested documents at the time of the inspection, or as required by the Department.

(B) Department staff shall report any suspected misappropriation of funds to the appropriate law enforcement authority.

Okla. Admin. Code § 310:642-7-2

Added at 27 Ok Reg 697, eff 2-2-10 through 7-14-10 (emergency)¹; Added at 27 Ok Reg 2536, eff 7-25-10

Revoked by Oklahoma Register, Volume 40, Issue 14, April 3, 2023, eff. 2/22/2023 (emergency)

¹This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-10 (after the 7-14-10 expiration of the emergency action), the text of section 310:642-7-2 was no longer effective, and remained as such until added again by permanent action on 7-25-10.

The revoked version of this section by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023 is not yet available