DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

        BUREAU OF CORPORATIONS, SECURITIES AND LAND DEVELOPMENT

              SURVEY AND REMONUMENTATION COMMISSION

                               GENERAL RULES


(By authority conferred on the department of commerce by section  17  of  Act 
No. 345 of the Public Acts of 1990, being S54.277 of  the  Michigan  Compiled 
Laws)


R  54.201   Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means Act No. 345 of the Public Acts of 1990,  being  S54.261  et 
seq. of the Michigan Compiled Laws.
  (b) "Applicant" means a county  or  counties  that  apply   for   a   grant 
pursuant to the act.
  (c) "Application" means a grant application on a form that is prescribed by 
the commission.
  (d) "Commission" means the state survey  and   remonumentation   commission 
that is created pursuant to the act.
  (e) "Grant agreement" means the annual contract between the  state  and  an 
applicant that includes the work program to be undertaken.
  (f) "County grant administrator" means a person who is  appointed  by   the 
county board of commissioners as the individual  who   is   responsible   for 
completing  and  submitting  the  annual  application    for    survey    and 
monumentation grant  to  the  state  of  Michigan   and   administering   the 
approved annual grant. The county grant administrator's   duties   shall   be 
set forth in the commission-approved county plan.
  (g) "County representative" means  the  person  who   shall   perform   any 
duties that are assigned by law and  other  duties  as   described   in   the 
commission-approved county  plan  and  who  is  either   of   the   following 
entities, as applicable:
  (i) The county surveyor, whether elected or appointed,  pursuant   to   the 
provisions of section 95 of chapter 14 of the Revised Statutes  of  1846,  as 
amended, being S54.95 of the Michigan Compiled Laws.
  (ii) The licensed surveyor who is  appointed  by  the   county   board   of 
commissioners if the county does not have a county surveyor.
  (h) "Recipient" means an applicant that receives a grant award  pursuant to 
the act.
  (2) Terms defined in the act have the same meanings when  used   in   these 
rules.

  History:  1992 AACS.


R  54.202   Commission meetings.
  Rule 2. For commission meetings,  a  majority  of  the   members   of   the 
commission constitutes a quorum. All business is transacted  by  motion.   To 
approve a motion, there shall be support by a majority vote  of  the  members 
who are present at the meeting, including the chairperson. An agenda shall be 
prepared and made available to the public at a time in advance of,   and  at, 
the meeting.

  History:  1992 AACS.


R  54.203   Right of appeal.
  Rule 3. A person, firm, corporation, public  body,  or   agency   that   is 
aggrieved by a fund grant decision of  the  commission   or   the   executive 
director of the commission may request, in writing,   that   the   commission 
hold a hearing pursuant to the provisions of Act No.  306   of   the   Public 
Acts of 1969, as amended, being S24.201 et seq. of  the   Michigan   Compiled 
Laws.

  History:  1992 AACS.


R  54.204   Fund grant eligibility requirements.
  Rule 4. To be eligible to receive a grant from the fund,  a  county   shall 
comply with the requirement of section 14 of the act and  shall   appoint   a 
county  grant   administrator.   The   county   shall    also    appoint    a 
representative, if  the  county  has  abolished  the   position   of   county 
surveyor in accordance with law.

  History:  1992 AACS.


R  54.205   Fund grant application process.
  Rule 5. (1) The county representative shall provide   information   for   a 
fund grant application to the county grant administrator as  set   forth   in 
the commission-approved county plan.
  (2) The county grant administrator shall provide all  information  that  is 
required on the application forms and sign,  date,  and   attest   that   all 
statements on the application forms are true, complete,   and   accurate   to 
the best of the administrator's knowledge.
  (3) All applications shall be submitted to   the   commission's   executive 
director, who shall review the applications based on the  criteria  listed in 
subrule (4) of this rule and forward the applications to the commission  with 
his or her analysis and recommendations.
  (4) The commission's application review shall be based  on  the   following 
criteria:
  (a) The eligibility of the applicant.
  (b) The grant application is for funds to carry out  a   portion   of   the 
commission-approved county plan.
  (5) The commission may  solicit  a  legal  or  technical   review   of   an 
application from other sources.

  History:  1992 AACS.


R  54.206   Award of fund grants.
  Rule 6. (1) A fund grant shall be awarded to an applicant  if  approved  by 
the commission and if all of the following criteria have been met:
  (a)  The  application  has  met  all  of   the   eligibility   requirements 
specified in R 54.204.
  (b) Sufficient funds are available.
  (c) The applicant has been presented, and has accepted,   a   final   grant 
agreement.
  (2) The commission shall require, as part of the approval  of  the   grant, 
that an applicant comply with all necessary federal, state,  or  local   laws 
and ordinances, if applicable.
  (3) A grant shall be discontinued in accordance with  the   provisions   of 
section 15 of the act if the commission determines that a  project   is   not 
progressing as specified in the grant agreement.
  (4) Any official action of the commission on any grant shall   be   by   an 
affirmative vote of a majority of the commission members.
  (5) The commission shall award grants consistent with  the  provisions   of 
section 12 of the act.
  (6) The commission shall reject any application if there is   a   lack   of 
supportive data or if the commission determines that   the   application   is 
not in compliance with the objectives of the act.

  History:  1992 AACS.


R  54.207   Contract requirements; notice  to  subcontractors  of  use  of
  state funds.
  Rule 7. (1) All contracts that are related to the work program for which  a 
fund grant is awarded shall be in compliance with  the  grant  agreement that 
is entered into between the recipient and the state of  Michigan   and  shall 
be in compliance with all applicable state laws and rules.
  (2) The recipient of a fund grant shall inform  all   subcontractors   that 
state funds shall be used to assist in the work program  and  that   relevant 
state requirements shall apply.

  History:  1992 AACS.


R  54.208   Disbursement of fund grant monies.
  Rule 8. Funds shall not be disbursed before the execution  of   the   grant 
agreement and all funds shall be dispersed  as  set  forth   in   the   grant 
agreement.

  History:  1992 AACS.


R  54.209   Establishment by recipient of accounting system  and  internal
  controls.
  Rule 9. A recipient is required to establish and maintain   a   system   of 
accounting and internal controls recognized by the  state  treasurer,   local 
audit division, as acceptable county accounting practices.

  History:  1992 AACS.


R  54.210   Retention of financial records.
  Rule 10. A recipient shall  retain  all   financial   records,   supporting 
documents, statistical records, and all other records that  are  pertinent to 
a grant for a period of 3 years, with the following qualifications:
  (a) If any litigation or audit is started before the  expiration   of   the 
3-year period, the records shall be retained for 7 years from  the  date   of 
the audit report or shall be retained until  all   litigation,   claims,   or 
audit findings that involve the records have been  resolved,   whichever   is 
later.
  (b) Records for nonexpendable property that is acquired  with   the   grant 
funds shall be retained  for  7  years  after  final   disposition   of   the 
property.
  (c) When records are transferred or maintained by   the   commission,   the 
7-year retention requirement is not applicable to a recipient.
  (d) The retention period starts from the date of acceptance  of  the  final 
performance report for the grant.

  History:  1992 AACS.