R277-471-11. Enforcement

  A. An LEA which fails to comply with the provisions of this rule is subject to interruption of state dollars by the Board consistent with Subsections 53E-3-401(3) and 53F-2-202(4)(d).

  (1) If an LEA fails to meet or satisfy a school construction inspection requirement or timeline designation under this rule, the Superintendent shall, as directed by the Board, send the school district superintendent or local charter school director notice by certified mail; and

  (2) If after 30 days the requirement has not been met, the USOE may, as directed by the Board, interrupt the Minimum School Program fund transfer process to the following extent:

  (a) 10 percent of the total monthly Minimum School Program transfer amount the first month;

  (b) 25 percent in the second month; and

  (c) 50 percent in the third and subsequent months.

  B. If the USOE interrupts the Minimum School Program fund transfer process, the USOE shall:

  (1) upon receipt of confirmation that the proper inspection(s) has (have) taken place or upon receipt of a late report, restart the transfer process within the month (if the confirmation or report is submitted before the tenth working day of the month) or in the following month (if the confirmation or report is submitted after 10:00 a.m. on or after the tenth working day of the month);

  (2) inform the Board at its next regularly scheduled meeting; and

  (3) inform the chair of the local governing board if the school district superintendent or charter school director is not responsive in correcting ongoing school construction inspection and reporting problems.

  C. An LEA may be subject to a nonrefundable fine in the amount of one half of one percent of the total construction costs if an LEA fails to report a public school construction project consistent with Title 53E, Chapter 3, Part 7 and the Resource Manual to the USOE.

  (1) The USOE, under the direction of the Board, shall deduct nonrefundable fine amounts from the respective LEA's Minimum School Program allotment at a rate sufficient to complete collection of the nonrefundable fine by the end of the current fiscal year.

  (a) The USOE shall deposit school district nonrefundable fine amounts into the School Building Revolving Account; and

  (b) The USOE shall deposit charter school nonrefundable fine amounts into the Charter School Building Subaccount within the School Building Revolving Account.