1. (a) Upon notification from the State Recipient, Developer or CHDO that it is ready to set up each project in the federal disbursement and information system:

   1. (1) The State Recipient, Developer or CHDO shall submit to the Department the project set-up report required by 24 CFR Section 92.502 (b), prior to the first disbursement requests.
   2. (2) The Department shall verify that the project is in compliance with the applicable conditions contained in the standard agreement.
   3. (3) Upon verification of subsections (a)(1) and (a)(2), the Department shall set up the project with HUD in the federal disbursement and information system.

2. (b) HOME funds shall be drawn down by electronic fund transfer from the HOME fund for a project that has been set up pursuant to subsection (a).

   1. (1) The Department shall make telephonic requests for disbursement directly to the federal disbursement and information system after receipt of a certification of the payment request. The original certification shall remain in the permanent project file.
   2. (2) The Department shall withhold disbursements in the event the State Recipient, Developer or CHDO fails to comply with the terms of the standard agreement, these regulations and/or the requirements of 24 CFR part 92.

3. (c) Funds drawn from the HOME fund shall be expended for eligible costs within 15 days.

   1. (1) Interest earned on HOME funds drawn from the federal disbursement and information system and remaining in the local account no more than 15 days shall be retained in the local account and used for eligible HOME costs.
   2. (2) Unused funds, including interest earned on funds beyond the 15 days, shall be returned to the Department to be returned to the federal disbursement and information system.
4. (d) All HOME funds in the local account shall be disbursed in accordance with 24 CFR Section 92.502(c)(3).
5. (e) Within 60 days of receipt of the final drawdown request for a project, the State Recipient, Developer or CHDO shall provide to the Department the project completion report required by 24 CFR Section 92.502(e). If the State Recipient, Developer or CHDO does not comply with this requirement within the 60-day time period, the Department shall suspend further project set-ups or disbursements for the State Recipient, Developer or CHDO until a project completion report is received and accepted by the federal disbursement and information system.

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Section 92.502; and Sections 50896 and 50896.1, Health and Safety Code.

History

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8216 to section 8217 with amendment of Note and renumbering of former section 8217 to section 8218 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).

5. Renumbering of former section 8215 to new section 8213, and renumbering of former section 8217 to new section 8215, including amendment of section heading, section and Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).

6. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).

7. Amendment of subsections (a)-(a)(1), (b)(2) and (e) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).