Mo. Code Regs. Ann. tit. 10, § 70-5.060
Commission Administration of the Cost-Share Program
Effective Sep 30, 1996sections 278.070(4), 278.080(8) and 278.110.8, RSMo Supp. 1995.* Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed July 23, 1992, effective May 5, 1993. Amended: Filed Jan. 31, 1996, effective Sept. 30, 1996. *Original authority: 278.070(4), RSMo 1943, amended 1961, 1969, 1980; 278.080(8), RSMo 1943 amended 1961, 1980, 1986, 1995; and 278.110.8, RSMo 1943, amended 1961, 1980Soil and Water Districts Commission
PURPOSE: This rule establishes guidelines for the administration of the Cost-Share Program by the commission.
- (1) Forms. The commission shall prepare and make available to participating districts, sufficient copies of all forms necessary for district administration and shall further prepare and keep updated a handbook for district use in assisting in the administration of the Cost- Share Program.
- (2) Commission Review of Claims for Payment. Upon receipt from a district-approved claim for payment, a commission representative shall review the claim and the supporting documentation which is attached. If the claim is determined to be complete and properly documented, the commission shall prepare a voucher for transmittal to the Office of Administration for preparation of a warrant payable to the landowner.
- (3) Payment to Landowner and Recording Agreement. Upon receipt of the warrant from the Office of Administration, the commission shall transmit the same by mail to the landowner. The district shall be notified monthly of any transmission at which time the commission shall complete all necessary portions of the cost-sharing assistance agreement prepared by the landowner at the time the claim for payment was prepared. Costs incurred in the recording and indexing of the agreements shall be paid by the commission.
- (4) Incomplete or Inaccurate Claims for Payments. If, in reviewing the claim for payment, the commission or its agent determines that the information contained in the claim is incomplete or inaccurate, that an error exists in the final computations or that proper documentation has not been supplied, it shall notify the district of the deficiency. The district then shall request the landowner to complete a claim for payment and if necessary a new cost-sharing assistance agreement required by 10 CSR 70-5.030(5). No payment will be authorized until the commission has determined that the claim for payment and necessary supporting documentations are complete and accurate in all respects. Costsharing assistance agreements shall not be recorded until the payment in fact has been authorized by the commission and received by the landowner.
- (5) Violations of Cost-Sharing Assistance Agreement. In the event the commission is notified of an alleged violation of the costsharing assistance agreement, a representative of the commission, or a representative of the district, or both, shall investigate the alleged violation and report the results of the investigation to the commission. If, following the investigation, it appears as though a violation has occurred, the district board of supervisors shall notify the landowner by certified mail, return receipt requested, and shall make demand for repayment of the appropriate amount to the state Cost-Share Program within thirty (30) days after receipt of the demand for repayment. Within that thirty (30)-day period, the landowner may request the commission review the demand for repayment. The request for a review must be in writing. The review shall be conducted at a regularly scheduled commission meeting, allowing adequate opportunity for the landowner to present arguments in support of the claim. The landowner’s arguments may be presented by the landowner, by a representative or in writing. If, following the review, the commission determines that no violation has occurred or that extenuating circumstances justify the landowner’s position, the demand for repayment shall be withdrawn and the commission shall so notify the landowner of its decision. If, however, following the review, the commission determines the violation did occur, it shall so notify the landowner by certified mail, return receipt requested, and shall renew the demand for repayment. If the repayment is not received within thirty (30) days of receipt of the commission’s request for repayment or if all deficiencies are not corrected at the landowner’s expense within the time specified, by the commission, the commission may refer the matter to the Office of the Attorney General for recovery of the state cost-share funds.
- (6) Report to Districts. The commission shall prepare on a monthly basis a report to each participating district indicating the payments which have been made from the Cost-Share Program during the preceding month and any other information determined by the commission to be of value to the districts regarding the administration of the program.
- (7) New Practices. The commission shall have authority to conduct a pilot project for the purpose of testing development and implementation of new cost-share practices appropriate for future soil and water conservation resource needs. A pilot project will be conducted for a specified period of time in a limited area determined by the commission.
AUTHORITY: sections 278.070(4), 278.080(8) and 278.110.8, RSMo Supp. 1995.* Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed July 23, 1992, effective May 5, 1993. Amended: Filed Jan. 31, 1996, effective Sept. 30, 1996. *Original authority: 278.070(4), RSMo 1943, amended 1961, 1969, 1980; 278.080(8), RSMo 1943 amended 1961, 1980, 1986, 1995; and 278.110.8, RSMo 1943, amended 1961, 1980.