Nac: Chapter 227 - State Controller

Link to law: http://www.leg.state.nv.us/nac/NAC-227.html
Published: 2015

[Rev. 11/21/2013 3:53:47

PM--2013]



[NAC-227 Revised Date: 4-12]

CHAPTER 227 - STATE CONTROLLER

227.010            Receipt of federal assistance.

 

      NAC 227.010  Receipt of federal assistance. (NRS 227.140, 227.150)

     1.  A state agency which is a recipient or a

subrecipient of federal assistance shall identify the receipt and expenditure

of the assistance using the appropriate number set forth in the “Catalog of

Federal Domestic Assistance.” That identification number must be used to record

the assistance in the records of the central accounting system of this state or

any other system of accounting which the State Controller may approve.

     2.  A state agency shall use the appropriate

account to record the transfer of any federal assistance from that agency to

another state agency.

     3.  If federal assistance is being

transferred from a recipient to a subrecipient, the recipient and subrecipient

shall:

     (a) Use a transfer ledger account to record the

transfer of the assistance; and

     (b) Identify the receipt, transfer and expenditure

of the assistance using the appropriate number which is listed in the “Catalog

of Federal Domestic Assistance” and designated with the original grant of

assistance from the Federal Government.

     4.  If a state agency receiving federal

assistance from another state agency is a vendor:

     (a) The state agency transferring the assistance

shall:

          (1) Use an expenditure ledger account to

record all charges for goods or services; and

          (2) Identify the expenditure of the federal

assistance with the appropriate number listed in the “Catalog of Federal

Domestic Assistance.”

     (b) The vendor shall use a revenue ledger account

which is not a federal revenue ledger account to record all charges for goods

or services. The vendor is not required to identify the transactions in order

to comply with federal requirements related to tracking federal assistance

granted to a state agency.

     5.  If a state agency receiving federal

assistance from another state agency is a fiscal agent, the state agency

transferring the assistance shall use an appropriate ledger account as

identified by the State Controller when it transfers the assistance to the

fiscal agent. An expenditure shall be deemed to occur if the assistance is paid

out by a fiscal agent. The state agency transferring the assistance shall

identify the transfer by the appropriate number listed in the “Catalog of

Federal Domestic Assistance.”

     6.  A fiscal agent shall comply with the

provisions of the Cash Management Improvement Act of 1990, Public Law 101-453,

and the regulations adopted pursuant thereto.

     7.  For the purposes of this section, the

“Catalog of Federal Domestic Assistance” is hereby adopted by reference. A copy

of the catalog may be obtained by mail from the Superintendent of Documents,

U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri

63197-9000, or by toll-free telephone at (866) 512-1800, at a cost of $46.

     8.  As used in this section:

     (a) “Fiscal agent” means any entity which pays,

collects or holds federal assistance for a federal program on the behalf of

this state. The term does not include a private nonprofit community

organization.

     (b) “Subrecipient” means a state agency which

receives federal assistance from another state agency to carry out or

administer a federal program. The term includes a state agency:

          (1) That is authorized to determine the

eligibility of the beneficiaries of the federal program or the activities

needed to carry out the federal program, or both;

          (2) Whose performance is measured against the

objectives of the federal program;

          (3) That is responsible for making decisions

pursuant to the federal program;

          (4) That is responsible for complying with all

applicable requirements of the federal program; and

          (5) That is authorized to use the money from

the federal assistance to carry out the federal program.

Ê A vendor

shall not be deemed to be a subrecipient for the sole reason that the vendor

has entered into a contract to provide goods or services that are related to

the administrative support of a federal program.

 

     (c) “Vendor” means a state agency which has a

contract to provide specific goods or services that are related to the

administrative support of a federal program and are used by the state agency

that is responsible for carrying out the federal program or for the

beneficiaries of the federal program. The term includes a state agency that:

          (1) Provides such goods or services during the

course of its normal business operations;

          (2) Provides similar goods or services to

other purchasers;

          (3) Is not responsible for complying with the

requirements of the federal program; and

          (4) Is responsible for complying with the specifications

or the scope of the work as defined by the procurement contract.

     (Added to NAC by St. Controller, eff. 12-17-93)
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