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ect to insure that the completed project conforms with the approved project;
(d) Permit the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, to have access for the purpose of audit and examination to any books, documents, papers, and records of the applicant that are pertinent to the receipt and use of Federal financial assistance under this part;
(e) Permit inspection by the Secretary or his duly authorized representative of the transmission apparatus acquired with Federal financial assistance at any reasonable time within ten years after completion of the project;
(f) Repay to the United States any Federal grant funds found by the Secretary to have been used contrary to law, to these regulations, to the assurances given the Secretary and to the conditions to the Federal grant, and any amount paid in excess of the Federal share of the actual cost of the approved project;
(g) Credit and pay to the United States any interest earned on Federal grant funds.
(h) Comply with such requirements as are established pursuant to Executive Order 10925 as amended and extended by Executive Order 11114 providing for promoting and insuring equal employment opportunity for all qualified persons without regard to race, creed, color or national origin under contracts for construction, as defined in the aforementioned Executive orders, financed with assistance from the Federal Government. (28 F.R. 5424, June 1, 1963, as amended at 28 F.R. 12256, Nov. 19, 1963; 30 F.R. 14651, Nov. 25, 1965) $ 60.18 Payment of Federal grant.
(a) Following approval of a project, except where the Secretary for good cause shown has approved an alternative method of payment, the amount of the Federal grant will be paid to the applicant in the following manner:
(1) An amount not exceeding fifty percent of the total amount of the Federal grant entitlement approved by the Secretary will be paid to the applicant after the Secretary's approval of the grant becomes final in accordance with the provisions of $ 60.15(b). Payment will be made upon the applicant's request and certification that payment is necessary to meet obligations incurred in the project.
(2) An amount not exceeding forty percent of the Federal grant entitlement will be paid upon completion or substantial completion of the project. Payment will be made only after inspection of the project and the applicant's financial records pertinent to the Federal financial assistance, as the Secretary may deem necessary, and approval by the Secretary of a Request for Final Payment which shall include
(i) Certification that the noncommercial educational television broadcasting station has, where required, Commission authorization to broadcast following acquisition and installation of project equipment,
(ii) Certification that the acquisition and installation of the project equipment either has been completed or is substantially completed in accordance with the project as approved by the Secretary, and
(iii) A detailed financial report itemizing the actual costs incurred in either completing the project or substantially completing the project, and the sources of funds for paying for the items of transmission apparatus delivered, accompanied by certified true copies of invoices, bills or other satisfactory documents that the expenses have been incurred and the amount thereof. If payment is requested on the basis of substantial rather than final completion of the project, the amount of payment provided for herein shall be computed on the basis of the cost attributable by the Secretary to the completed portion of the project (but limited to ninety percent of the Federal share of the then completed project costs). Upon final completion of such project as approved by the Secretary, the applicant will amend the Request for Final Payment to include the remaining project costs and these will be paid in accordance with subparagraph (3) of this paragraph.
(3) The remainder of the Federal grant entitlement will be paid following satisfactory final audit of the applicant's financial records relating to the project.
(b) If the actual costs incurred in completing the project are less than the estimated costs which constituted the basis for the Secretary's determination of the amount of the Federal grant, the amount of such grant will be reduced proportionately, and the applicant shall refund any overpayment to the United States. [28 F.R. 5424, June 1, 1963, as amended at 30 F.R. 14651, Nov. 25, 1965)
$ 60.19 Fiscal reports and records.
(a) An annual status report on or be
fore each December 31 following com(a) The applicant shall furnish such
pletion of the project, certifying: progress or other reports relating to the construction of the project as may be
(1) That the owner of such facilities directed by the Secretary.
continues to be an agency, oficer, insti(b) The applicant shall establish and
tution, foundation, corporation or asso
ciation eligible to be an applicant; maintain fiscal controls, accounts and
(2) That there has been no change in other documents which will provide for the specific identification of the receipt
ownership of such facilities during the and disposition of all Federal grant
reporting period, or describing any funds and clearly identify the nature,
change during such period; and purpose, and amount of all expenditures
(3) That such facilities are being used incurred for the project.
for noncommercial educational television
broadcast purposes. (c) The applicant shall maintain accessible and intact all fiscal or other rec
(b) A copy of each of the following ords relating to the receipt and expendi
applications and reports which the apture of the Federal grant funds and
plicant or other owner files with the relating to the expenditure of the non
Commission with respect to any such Federal share of the cost of the project:
facilities: (1) For three years after the close of
(1) Applications for extension of conthe fiscal year in which the expenditure
struction permit, license to cover conwas made; or
struction permit, modification of con(2) Until the applicant is notified
struction permit or license, renewal of that such records are not needed for
license and for voluntary or involuntary
assignment or transfer of control; and program administration review; or (3) Until the applicant is notified of
(2) Ownership reports and annual
financial reports. the completion of the Secretary's fiscal audit, whichever is later.
$ 60.21 Change in eligibility or use. (d) The records involved in any ex
(a) If, within ten years after complependiture which has been questioned
tion of any project with respect to which shall be further maintained until the
a Federal grant has been made pursuant matter has been reviewed and cleared to this part: by the Secretary.
(1) The applicant or other owner (e) The applicant shall maintain, for ceases to be an agency, officer, instituten years after completion of the project, tion, foundation, corporation or other adequate descriptive inventories or other association described in $ 60.3(a) as records supporting accountability of all being eligible to receive a Federal grant; items of transmission apparatus costing
or $100 or more acquired or installed with
(2) Any of the transmission appaFederal financial assistance pursuant to
ratus included in the project ceases to be this part, and appropriately mark such
used for any purpose, either permanently
or for an indefinite period of time, or transmission apparatus in a permanent
such apparatus is used or disposed of for manner in order to assure easy and ac
other than noncommercial educational curate identification and reference to
television broadcast purposes, the applisuch inventory records.
cant or other owner shall (except as pro[28 F.R. 5424, June 1, 1963, as amended at 30 F.R. 14651, Nov. 25, 1965)
vided in paragraph (b) of this section)
pay to the United States the amount $ 60.20 Status reports.
bearing the same ratio to the then fair During the period commencing with market value of such apparatus, as the approval of the project by the Secretary amount of the Federal participation bore and ending ten years after completion to the cost of acquisition or installation of such project for the construction of of such apparatus. noncommercial educational television (b) Where the applicant or other broadcast facilities with respect to which owner proposes to cease using any of the a Federal grant has been made pursuant transmission apparatus included in the to this part, the applicant or other owner project for noncommercial educational of such facilities must file with the Sec television broadcast purposes (as set retary:
forth in subparagraph (2) of paragraph
(a) of this section, he may file a peti grounds and reasons therefor. If the tion with the Secretary requesting re Secretary designates the matter for lease from the obligation to make repay hearing, he will specify the questions in ment to the United States, and setting issue, designate the hearing officer and forth with particularity the grounds and specify the procedures and rules relating reasons for the request. Such petitions to the conduct of the hearing. If the will be granted by the Secretary only for Secretary does not find that sufficient good cause, and only if the proposed grounds and reasons exist for granting cessation of use for noncommercial edu the relief sought or for providing a recational television broadcast purposes quested hearing, he will notify the petihas not already taken place, unless the tioner, giving reasons for the refusal. petitioner demonstrates to the satisfac (b) In the event of a hearing the tion of the Secretary that such cessation hearing officer shall make a written rewas due to causes not under the control port to the Secretary based upon the of the petitioner. If the Secretary de hearing and containing a recommended nies the petition, the applicant or other
decision on the issues. A copy of the reowner may within 30 calendar days from port shall be mailed to the petitioner, the date of receipt of notice of such de and the petitioner shall have 15 calennial, file a petition for reconsideration dar days from the date of receipt (or pursuant to $ 60.22.
such additional time as may be given for (c) In any case where the Secretary good cause) to file with the Secretary a has reason to believe that any change written statement setting forth with in eligibility or use of transmission ap particularity alleged errors in the report paratus (as described in paragraph (a) and discussing any policy and legal isof this section), has already taken place, sues presented. he will promptly notify the applicant or (c) If no written statement is made other owner of the grounds and reasons by the petitioner or by a State educafor his belief that repayment to the
tional television agency on the report of United States is required. The appli the hearing officer and if the Secretary cant or owner may, within 30 days from
does not decide to review it, such report the date of receipt of such notification,
shall become the final administrative defile with the Secretary a petition for re
cision without further proceedings. If consideration pursuant to $ 60.22.
a written statement is made on the re(d) If the Secretary determines that
port of the hearing officer or if the Secthe applicant or other owner is obligated
rectary decides to review it, he shall reto make a repayment to the United
view the record of the proceedings and States he will seek to reach agreement
issue a decision based thereon, setting as to the amount of such repayment. If
forth the grounds and reasons therefor. such an agreement cannot be reached,
(d) The Secretary will notify each the Secretary will cause an action to be
State educational television agency, if brought in the United States District any, in any State, any part of which Court for the district in which the
would receive Grade B service or better noncommercial educational television
from the petitioner's broadcast station, broadcast facilities are situated to deter of the filing of a petition for reconsidmine the amount of the repayment, and
eration under this section and each such will take such action as may be neces
agency will be given an opportunity to sary to secure repayment.
comment upon the petition, · In the
event the Secretary provides a hearing $ 60.22 Petition for reconsideration,
with respect to an action taken under (a) A petition for reconsideration as $ 60.15, each such State educational teleprovided in $$ 60.15, 60.16, and 60.21 vision agency will be given an oppormust be timely filed with the Secretary, tunity to appear and to present relevant must state with particularity in what re information and arguments. Any such spect the Secretary's action is claimed agency participating in the hearing will to be unjust, unwarranted or erroneous, be furnished the report of the hearing must specifically indicate the relief officer referred to in paragraph (b) of sought, and must be accompanied by a this section and given an opportunity written statement on the question pre to make a written statement thereon, sented. The petition for reconsidera prior to the expiration of the time period tion may be accompanied by a request during which time the petitioner may for a hearing, in which event the peti file his statement under paragraph (b) tioner must state with particularity the of this section.
(e) Interested persons other than a State educational television agency referred to in paragraph (d) of this section may comment in writing upon any petition for reconsideration filed under this section and for good cause shown, may be given an opportunity to participate to such extent as the Secretary may determine is appropriate in a hearing held pursuant to this section.
PART 70—-STANDARDS FOR A MERIT
SYSTEM OF PERSONNEL ADMINIS
TRATION Sec. 70.1 Purpose. 70.2 Jurisdiction. 70.3 Merit system organization. 70.4 Prohibition of discrimination. 70.5 Limitation of political activity. 70.6 Classification plan. 70.7 Compensation plan. 70.8 Recruitment and appointment of per
sonnel. 70.9 Promotions. 70.10 Layoffs and separations. 70.11 Performance evaluations. 70.12 Personnel records and reports.
AUTHORITY: The provisions of this part 70 issued under secs. 101, 401, 503, 506, 701, 53 Stat. 1360, 1379, 1380, 1381, 1397, as amended, sec. 623, 60 Stat. 1043, as amended, sec. 351, 64 Stat. 555, as amended, sec. 141, 76 Stat. 198, as amended, 42 U.S.C. 302, 602, 703, 713, 1202, 2911, 1352, 1382; sec. 1, 69 Stat. 399, 29 U.S.C. 49n; sec. 4, 72 Stat. 533, as amended, 50 U.S.C. App. 2286.
SOURCE: The provisions of this part 70 appear at 28 F.R. 734, Jan. 26, 1963; codified at 28 F.R. 7931, Aug. 3, 1963, unless otherwise noted. $ 70.1 Purpose.
(a) These Federal standards are issued to implement the statutory and regulatory provisions requiring the establishment and maintenance of personnel standards on a merit basis in the administration of various grant-in-aid programs. The merit system standards are issued by the Social Security Administration, the Welfare Administration and the Public Health Service of the Department of Health, Education, and Welfare, the Bureau of Employment Security, Department of Labor, and the Office of Civil Defense, Department of Defense.
(b) The development of proper and efficient administration of the grant-inaid programs is a concern of both the Federal and the State agencies cooperating in the programs. Proper and efficient administration requires clear defi
nition of functions, the employment of the most competent available personnel, and the development of staff morale and individual efficiency. The merit system provisions of Federal statutes relating to the grant-in-aid programs are directed to the achievement of these ends through the application of personnel standards on a merit basis.
(c) An integral part of the grant-inaid programs is the maintenance by the State of a merit system of personnel administration applicable to the grantaided agencies. The Federal agencies are interested in the development and continued improvement of State merit systems but exercise no authority over the selection, tenure of office, or compensation of any individual employed in conformity with the provisions of such systems.
(d) Laws, rules and regulations to effectuate a merit system in accordance with these standards are a necessary part of the approved State plans required as a condition of Federal grants. Such laws, rules and regulations, and amendments thereto will be reviewed for substantial conformity to these standards. The administration of the merit system will likewise be subject to review for compliance in operation.
(e) Continuing application of these standards will give reasonable assurance of a proper basis for personnel administration, will promote a career service, and will result in increased operating efficiency in the State agencies. In order to assist States in maintaining their merit systems under these standards, technical consultative service will be made available. $ 70.2 Jurisdiction.
(a) These standards are applicable to all personnel, both State and local, except those hereinafter exempted, engaged in the administration of grant-inaid programs established under the following Federal laws: Social Security Act, Titles I (Old-Age Assistance and Medical Assistance for the Aged), III (Unemployment Compensation), IV (Aid and Services to Needy Families with Children), V (Maternal and Child Welfare), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Aid to the Aged, Blind, or Disabled, or for Such Aid and Medical Assistance to the Aged); the Public Health Service Act, including the Hospital Survey and Construction Act; the
Wagner-Peyser Act, as amended; and the Federal Civil Defense Act, as amended. The standards apply to personnel engaged in the administration of the federally-aided programs, irrespective of the source of funds for their individual salaries.
(b) At the option of the State agencies, the following positions in the several programs may be exempted from application of these standards; members of State and local boards or commissions; members of advisory councils or Committees or similar boards paid only for attendance at meetings; State and local officials serving ex-officio and performing incidental administrative duties; the executive head of each State agency; one confidential secretary to any of the foregoing exempted officials; janitors; part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties; local civil defense directors; attorneys serving as legal counsel; members of unemployment compensation appeals tribunals and boards of review representing employer and employee interests. Upon request of the State health authority to the Public Health Service Children's Bureau, as applicable, exemption of hospital and sanatoria and local health department personnel from application of these standards will be considered on the basis of State and local administration. & 70.3 Merit system organization.
(a) If a State has a statewide civil service system operating under standards substantially equivalent to those herein provided, such State civil service system should be applicable to the State agencies as defined above.
(b) In the absence of a State civil service system with substantially equivalent standards, there will be established a merit system administered by an impartial body herein referred to as the Merit System Council, the members of which are appointed by the administrative agencies or by the Governor on recommendation of the administrative agencies, for stated overlapping terms, and no member of which is otherwise employed as an official or employee of any of the State agencies affected.
(c) The executive of the merit system, referred to as the Merit System Director, will be appointed under the merit system.
Qualifications for the Director will include training and experience in a field related to merit system administration, and known sympathy with the principles of the merit system.
(d) In the interests of economy and of efficient administration, a joint merit system should serve all the state agencies as defined above unless, because of special circumstances, it is not feasible to establish such a joint system. 8 70.4 Prohibition of discrimination.
Discrimination against any person in recruitment, examination, appointment, training, promotion, retention or any other personnel action, because of political or religious opinions or affiliations or because of race, national origin or other nonmerit factors will be prohibited. The regulations will include appropriate provisions for appeals in cases of alleged discrimination. $ 70.5 Limitation of political activity.
Participation in political activity of any employee of the State or local agencies, except those hereinbefore exempted, will be prohibited under the merit system rules, except that an employee will have the right freely to express his views as a citizen and to cast his vote. Such prohibited political activity will include in substance the activities prohibited employees in federally-aided agencies under the Federal Hatch Political Activities Act, as amended. (Individuals whose principal employment, whether or not under the merit system, is in a federallyaided agency, are subject to the prohibitions in the Hatch Act, administered by the U.S. Civil Service Commission.) § 70.6 Classification plan.
A classification plan for all positions in the agency, based upon investigation and analysis of the duties and responsibilities of each position, will be established and maintained. The classification plan will include an appropriate title for each class of position, a description of the duties and responsibilities of positions in the class, and requirements of minimum training, experience, and other qualifications suitable for the performance of the duties of the class of position. 870.7 Compensation plan.
A plan of compensation for all classes of positions in the agency will be established and maintained. Such plan will include salary schedules for the various