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PART 18 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOP... Page 36 of 38 <br />(ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be <br />submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3 -year <br />retention period for the proposal plan, or computation and its supporting records starts from the end <br />of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. <br />(d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be <br />substituted for the original records. <br />(e) Access to records <br />(1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United <br />States, or any of their authorized representatives, shall have the right of access to any pertinent books, <br />documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order <br />to make audits, examinations, excerpts, and transcripts. <br />(2) Expiration of right of access. The right of access in this section must not be limited to the required <br />retention period but shall last as long as the records are retained. <br />(f) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to <br />records unless required by Federal, State, or local law, grantees and subgrantees are not required to permit <br />public access to their records. <br />Sec. 18.43 Enforcement. <br />(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an <br />award, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of <br />award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the <br />circumstances: <br />(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or <br />subgrantee or more severe enforcement action by the awarding agency, <br />(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity <br />or action not in compliance, <br />(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program, <br />(4) Withhold further awards for the program, or <br />(5) Take other remedies that may be legally available. <br />(b) Hearings appeals. In taking an enforcement action, the awarding agency will provide the grantee or <br />subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or <br />subgrantee is entitled under any statute or regulation applicable to the action involved. <br />(c) Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by <br />the grantee or subgrantee during a suspension or after termination of an award are not allowable unless the <br />awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other <br />grantee or subgrantee costs during suspension or after termination which are necessary and not reasonably <br />avoidable are allowable if: <br />(1) The costs result from obligations which were properly incurred by the grantee or subgrantee before <br />the effective date of suspension or termination, are not in anticipation of it, and, in the case of a <br />http: / /www. dot .gov /ost/m60 /grant/49cfr18.htm 8/30/2012 <br />