When the Board makes a finding that a Material
Inaccuracy occurred for a SFP Project, the district shall be subject to the
following penalties:
(a) If the
Material Inaccuracy finding occurred prior to the apportionment, the district
shall be:
(1) Prohibited from self-certifying
the project information for a period of up to five years from the date the
Board made the finding of Material Inaccuracy for the project. A prohibition
from self-certification of project information may be less than five years as
determined on a case-by-case basis by the Board.
(2) Required to file all projects pursuant to
Section
1859.104.2. for the time period
required in subsection (a)(1).
(3)
Subject to the fee prescribed by Section
1859.104.3.
(b) If the Material Inaccuracy finding
occurred after the apportionment but no funds have been released for the
project:
(1) The Board shall reduce the
project apportionment by the additional funding received beyond the amount the
district was entitled to for the project.
(2) The school district shall be prohibited
from self-certifying project information for a period of up to five years from
the date the Board made the finding of Material Inaccuracy for the project. A
prohibition from self-certification of project information may be less than
five years as determined on a case-by-case basis by the Board.
(3) The school district shall be required to
file all projects pursuant to Section
1859.104.2 for the time period
required in subsection (b)(2).
(4)
The school district shall be subject to the fee prescribed by Section
1859.104.3.
(c) If the Material Inaccuracy finding
occurred after the apportionment and funds were released for the project, the
district:
(1) Must repay the additional
funding received beyond the amount the district was entitled to for the project
with interest within five years from the date the Board made the finding of
Material Inaccuracy. Interest shall be assessed as prescribed in Education Code
Section
17070.51(b)(1).
(2) Shall be prohibited from self-certifying
project information for a period of up to five years from the date the Board
made the finding of Material Inaccuracy for the project. A prohibition from
self-certification of project information may be less than five years as
determined on a case-by-case basis by the Board.
(3) Shall be required to file all projects
pursuant to Section
1859.104.2 for the time period
required in subsection (c)(2).
(4)
Shall be subject to the fee prescribed by Section
1859.104.3.
(d) The Board may direct that adjustments to
the school district's New Construction or Modernization baseline eligibility be
made pursuant to Sections
1859.51 and
1859.61 based on the determination
of Material Inaccuracy.
A school district filing a Project
Information Worksheet with the best available information at the time
of filing will not be subject to a Material Inaccuracy for that
information.
Notes
Cal.
Code Regs. Tit. 2, §
1859.104.1
1. New
section filed 5-2-2002; operative 6-1-2002 (Register 2002, No.
18).
2. Amendment of section and NOTE filed 11-4-2002 as an
emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education
Code section
17070.35 a
Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 11-4-2002 order transmitted
to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
4.
Amendment of subsection (d) filed 1-26-2009; operative 1-26-2009 pursuant to
Government Code section
11343.4
(Register 2009, No. 5).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17070.51
and
17077.40,
Education Code.
1. New section
filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
2.
Amendment of section and Note filed 11-4-2002 as an emergency; operative
11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section
17070.35 a
Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003
and filed 12-19-2003 (Register 2003, No. 51).
4. Amendment of
subsection (d) filed 1-26-2009; operative 1-26-2009 pursuant to Government Code
section
11343.4
(Register 2009, No. 5).