Cal. Code Regs. tit. 2 § 1865.50

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 1865.50 - Approval of Applications

The board may approve in whole or in part any application submitted pursuant to the Act. Upon receipt of the application, the executive officer shall review it for proper form and compliance with statutes and regulations of the board. After such review and any necessary corrections, the executive officer shall present the application to the board with recommendations, in whole or in such part as will satisfy the board's policy of approving funds for feasibility studies, site acquisition and/or preparing plans and specifications, and project construction in separate increments, whereupon the board shall consider the application provided it (the application) has sufficient priority to warrant such consideration. If the application meets with the board's approval, it shall grant its approval and shall make an apportionment for the financing of the project from any sources available for such purposes. The apportionment shall be conditioned upon the district subsequently entering into a lease-purchase agreement with the state. After such approval and apportionment of funds, the executive officer of the board shall authorize the district, as the agent of the board, to perform all acts necessary to effectively complete the particular phase of the approved project. Such authorization shall be specifically set forth in writing to the district and shall be conditioned upon the district having entered into or subsequently entering into a lease-purchase agreement with the board either in the form of (1) a lease-purchase for feasibility studies, (2) the lease-purchase of a site and/or plans, or (3) the lease-purchase of an entire project. Failure on the part of the district to enter into such agreement shall invalidate such authorization, and any obligations incurred as a result thereof shall become the sole responsibility of the district. Upon receipt of successive phases of the project, the executive officer shall have the authority to amend the project budget within the apportionment so made or to reduce the total apportionment to conform to the project as bid. The executive officer is authorized to enter into a lease-purchase agreement or agreements with the district on behalf of the board.

Cal. Code Regs. Tit. 2, § 1865.50

1. Amendment filed 3-17-80 as an emergency; effective upon filing (Register 80, No. 12). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 7-16-80.
2. Certificate of Compliance including amendment filed 6-26-80 (Register 80, No. 26).

Note: Authority cited: Section 17705, Education Code. Reference: Sections 17700- 17749, Education Code.

1. Amendment filed 3-17-80 as an emergency; effective upon filing (Register 80, No. 12). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 7-16-80.
2. Certificate of Compliance including amendment filed 6-26-80 (Register 80, No. 26).