Subchapter C. AQUACULTURE EDUCATION ENHANCEMENT PROGRAM
GENERAL PROVISIONS Sec.
106.41. Program objectives.
106.42. Limitations.
106.43. Notice of activities.
106.44. Conflict of interest.
106.45. Recordkeeping.
106.46. Cancellation/default.
106.47. Right of recovery.
106.48. Deficits.
AQUACULTURE EDUCATION ENHANCEMENT ACTIVITY PROGRAM
106.51. General conditions.
106.52. Application.
106.53. Review of applications.
106.54. Processing of applications.
106.55. Notice of disposition of application.
106.56. Cancellation policy.
AQUACULTURE EDUCATION ENHANCEMENT GRANT PROGRAM
106.61. Grant amount.
106.62. General conditions.
106.63. Application.
106.64. Review of applications.
106.65. Processing of applications.
106.66. Notice of disposition of application.
GENERAL PROVISIONS
§ 106.41. Program objectives.
The purpose of the AEEP is to increase the educational opportunities related to aquaculture available to citizens of this Commonwealth. The AEEP will provide opportunities for elementary, high school and college students, current and prospective aquaculture producers and other citizens to learn about aquaculture either through direct programming or through AEEP grants. The AEEP will encourage schools and universities to integrate aquaculture education into their curriculums by providing educational materials and grants for program development. The AEEP will organize workshops on aquaculture issues of interest to producers or educators, or both, to increase information dissemination. The AEEP will provide new information on production techniques and marketing strategies. The AEEP will develop, publish and distribute educational materials for consumers, educators and propagators.
Cross References This section cited in 7 Pa. Code § 106.42 (relating to limitations).
§ 106.42. Limitations.
(a) Applicant eligibility. Only eligible applicants will be considered for the AEEP. To be eligible to participate in activities under the AEEP, applicants shall be associations, companies of this Commonwealth, or educational institutions that are located in this Commonwealth or serve citizens of this Commonwealth through a partnership arrangement with a Commonwealth-based organization. To be eligible to receive AEEP materials or participate in AEEP activities, applicants shall be citizens of this Commonwealth, members of a Commonwealth-based organization or pay a fee determined by the Department. To be eligible to participate in AEEP grant programs, applicants shall be citizens of this Commonwealth or organizations incorporated in this Commonwealth with experience and expertise in aquaculture. Each applicant approved for participation shall comply with the criteria established by the act and this subchapter.
(b) Extent of program activities. The AEEP will organize educational activities and provide educational materials for eligible applicants. The AEEP may also develop grant programs for eligible applicants to further the purpose of § 106.41 (relating to program objectives).
(c) Use of funds. Funds allocated for the AEEP shall be used solely for the purposes in this subchapter.
(d) Funds available basis. AEEP program activities, program grants and the biennial conference will not be undertaken unless funds are available.
§ 106.43. Notice of activities.
(a) Eligible applicants. Eligible applicants will be notified of AEEP activities and grant programs through one or more of the following methods in any combination:
(1) Pennsylvania Bulletin. Availability of upcoming AEEP activities and grant programs will be printed in the Pennsylvania Bulletin.
(2) Direct mailing. A mailing targeted to each educational organization, aquacultural propagator or aquaculture-related business registered with the AEEP administrator at the date of mailing.
(3) Advertisements. Advertisements may be published in newspapers and magazines that the Department determines to be effective in letting the targeted audience know of an activity’s availability.
(4) Website. The Department’s website.
(b) Information to be included in activity notice. The notice and mailing will include the activity name, dates, location, participation fee, activity package description, number of participation slots available and how an application may be requested.
§ 106.44. Conflict of interest.
A member of the Advisory Committee may apply for participation in AEEP activities and grant programs if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. § § 776.1—776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees). Members of the Advisory Committee shall supply a signed statement with their application certifying they have complied with the referenced codes. Copies of the codes will be made available to members upon request.
§ 106.45. Recordkeeping.
An AEEP participant or grant recipient shall maintain all receipts, supporting documents, exit reports and other documents pertaining to the AEEP activity or grant. These records shall be retained for 3 years beginning at the conclusion of the activity. The records shall be made available to the Department upon request.
§ 106.46. Cancellation/default.
An activity, grant or participant approval may be canceled by the Department upon a determination that the approved participant has violated the act, this subchapter or the participation agreement, the approved participant violated the activity’s rules, or upon failure of the approved participant to satisfy the verification requirements of this subchapter. Upon cancellation, the Department may seek recovery of program or grant funds expended by the participant.
§ 106.47. Right of recovery.
The Department has the right to make a claim for and receive from the approved participant any funds not expended in accordance with the act, this subchapter or participation or grant agreement.
Cross References This section cited in 7 Pa. Code § 106.62 (relating to general conditions).
§ 106.48. Deficits.
The Department is not responsible for cost overruns incurred by an AEEP participant.
AQUACULTURE EDUCATION ENHANCEMENT ACTIVITY PROGRAM
§ 106.51. General conditions.
(a) Activity participation agreement. The approved, signed application for an AEEP activity shall constitute the participation agreement. The participant desiring to take part in an AEEP sponsored activity shall sign the application which shall set forth the amount of the participation fee and other terms and conditions as the Department may reasonably require. Upon receipt of a completed, signed application, the Department will review and process the application as set forth in this subchapter. The Department will then issue an approval or denial of the application. Approved applicants will be registered for the AEEP activity upon receipt of the participation fee in the AEEP application.
(b) Default. A participant who fails to abide by the terms of the participation agreement or the act or this subchapter shall be in default.
(c) Exit survey. The Department may require an AEEP participant to submit a completed exit survey form.
(1) The requirement will be set forth in the AEEP application.
(2) The Department will develop an activity survey form.
(3) The exit survey form will include questions relating to the participant’s involvement in the relevant activity to determine the degree to which the activity contributes to the program’s goals.
(4) Information requested will relate to things such as the educational quality and timeliness of the information provided.
(5) When the Department requires the completion of an exit survey, within 4 weeks of completion of participation in an AEEP activity, the participant shall submit to the Department a completed activity survey form.
(d) Failure to submit exit survey. When an exit survey is required by the Department, failure to submit the exit survey within the 4-week period will result in a default on the part of the AEEP participant. The Department may direct that the defaulting participant is not eligible for further AEEP participation for 2 years. The Department may extend the verification deadline if it is determined the participant has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
§ 106.52. Application.
(a) Application required. Applicants shall submit applications to participate in AEEP activities on forms provided by the Department at the address set forth on the application.
(b) Application requirements. An application for an AEEP activity will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and Internet, as available) of the participating organization, or individual.
(2) The name and direct contact information for the designated activity contact.
(3) A signature by the individual or authorized organizational representative, attesting to compliance with the provisions of the terms and conditions for participation in the AEEP activity.
(4) Payment in full of the participation fee in the application and payable to the Department.
(c) Obtaining an application and assistance. An application for participation under this subchapter shall be made on a form prepared by the Department. For applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643.
(d) Additional information. The Department may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the application.
(e) Application deadlines. Applications for participation under this subchapter shall be received by the Department 30 days prior to the date of the AEEP activity the applicant wishes to attend. The Department may approve an application submitted after this deadline if it determines there is adequate time for a thorough review of the application and to issue a written approval to the applicant.
§ 106.53. Review of applications.
(a) Factors. Factors to be considered by the Department in selecting AEEP participants include the following:
(1) Participation in previous AEEP and other Department activities.
(2) Appropriateness of the applicant’s participation in the specific AEEP activity.
(3) Ability of the applicant to provide a qualified representative during the entire AEEP activity.
(4) Amount of space available for the particular activity.
(b) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from liabilities for losses as a result of participation in the specific AEEP activity. This includes damage or loss and unauthorized removal of equipment or supplies at the AEEP activity. Each application shall contain a release and hold harmless statement which the applicants agree to when they sign the application. Unsigned applications will be considered incomplete.
§ 106.54. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special considerations or reject applications. The Department will issue approvals in accordance with the general considerations and criteria of the act and this subchapter. The Department may impose reasonable restrictions or special conditions upon the issuance of an approval.
(b) Processing. An application for participation in an AEEP activity will be processed in the following manner:
(1) Dating. The applications shall have the initial date of the postmark or initial date of receipt, whichever is earlier, noted on the application by Department staff. If the application is determined to be incomplete, the effective date of the application is the date on which all additional information is received and the application is determined by the Department to be complete. This date will be noted on the application.
(2) Completeness and accuracy. Upon receipt of an AEEP application and the required supporting documentation, the Department will review the information for completeness and accuracy.
(3) Eligibility. Upon receipt of an AEEP application and the required supporting documentation, the Department will review the information to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete and inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant to be incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request shall be in writing and will be sent to the applicant address listed on the AEEP application. The processing of the application shall cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 5 business days of the request for the data. When the processing of the application is terminated, the Department will notify the applicant in writing, stating the reason for the termination, and refund the participation fee.
(6) Order of participation availability. Availability of participation will be reserved in order of receipt of completed and approved applications and full payment by an approved applicant.
(i) If an activity has more applicants than available slots, the Department may increase the number of slots available or place applicants on a waiting list for space in the event of a cancellation or default.
(ii) The waiting list will be set up in order of receipt of a completed and approved application.
(iii) Slots that become available due to cancellation or default will be assigned in order of the waiting list.
(iv) Applicants on the waiting list will be notified in writing of a cancellation or default. Wait-listed persons will have 7 days from date of notification to respond in writing either accepting or rejecting the available slot.
(v) Payment in full shall accompany a letter of acceptance.
(vi) Failure to respond in 7 days from date of notification will be considered a rejection by the wait-listed applicant and the Department will notify the next applicant on the wait list.
(7) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual AEEP applications. The Advisory Committee shall recommend overall program priorities for each program to the Secretary. Additionally, the Advisory Committee shall recommend the amount of funds to be allocated to each program.
Cross References This section cited in 7 Pa. Code § 106.55 (relating to notice of disposition of application).
§ 106.55. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants within 15 days of receipt of their completed application of a decision to approve, approve with special conditions or reject the application. When the application is rejected, the Department will set forth in writing the reason for the rejection and refund the participation fee.
(b) Applications deemed incomplete or ineligible. Within 15 days of receipt of an application, the Department will notify the applicant of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification shall be in writing and detail the additional data needed. The Department will follow the procedures in § 106.54(b)(5) (relating to processing of applications).
(c) Applications not processed within the time period. When the Department does not render a decision within the allotted time period the application will be deemed approved so long as participation space is available within the given activity. Priority will be determined by postmark date of applications.
§ 106.56. Cancellation policy.
(a) Deadline. Approved participants shall submit cancellations in writing to the Department at least 15 days prior to the beginning date of the specific AEEP activity.
(b) Reimbursement. In the event of cancellation by an approved applicant, the Department will attempt to reallocate the AEEP slot. If successful, 75% of the AEEP participation fee for the activity will be returned to the canceling approved participant. Otherwise, the fee is forfeited to the Department in its entirety.
AQUACULTURE EDUCATION ENHANCEMENT GRANT PROGRAM
§ 106.61. Grant amount.
Grants may not exceed $10,000 except as provided in this subchapter. An additional amount of up to $10,000 may be granted if the applicant matches that additional amount dollar for dollar so that a single grant may not exceed $20,000 in 1 calendar year.
§ 106.62. General conditions.
(a) Grant agreement. The applicant shall sign a grant agreement setting forth the term and amount of the grant and other terms and conditions as the Department may reasonably require.
(b) Verification. Within 3 months of the project completion date specified in the grant agreement, the applicant shall submit to the Department a final report that includes written receipts, records and any other pertinent documentation evidencing the total amount of the costs incurred and expenditures associated with the project. The final report shall also include a narrative report describing the effectiveness of the project, the results obtained, the experience gained and the personal knowledge acquired. The applicant shall submit a final report.
(c) Failure to verify. If the final report containing all receipts, records, the narrative report and other required documentation is not submitted within the 3-month period, a portion of the grant proceeds are unaccounted for, or the applicant violates another provision of this subchapter, the Department may demand the applicant repay the entire principal balance of the grant or a lesser amount and interest incurred to date. The interest rate will be calculated using simple interest at the percentage rate equal to the Federal Reserve discount rate at the time the grant was made. Payment shall be due within 60 days of the written demand.
(d) Default. A recipient who fails to abide by the terms of the act, the grant agreement or this subchapter shall be in default. When a grant recipient defaults, the Department may seek recovery of the grant funds as delineated in § 106.47 (relating to right of recovery). A default may be waived by the Department for extenuating circumstances the Department considers to be no fault of the recipient.
(e) Availability and use of grant results. The technical information, experience gained and personal knowledge resulting from an AEEP grant are public information. Any funds which remain unused after the project’s completion date or the date upon which a grant is terminated by either the Department or the recipient shall be returned to the Department within 90 days of that date.
§ 106.63. Application.
(a) Application required. Applicants shall submit applications to participate in an AEEP grant on forms provided by the Department at the address set forth on the application.
(b) Application requirements. An application for an AEEP grant will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and website, as available) of the participating organization or individual.
(2) The name and direct contact information for the designated grant contact.
(3) A signature by the individual, or an authorized organizational representative, attesting to compliance with the terms and conditions for participation in the AEEP grant.
(4) A detailed description of the project, including objectives, goals and materials to be funded by the grant.
(5) A reasonable and accurate statement of the estimated cost of the project. The statement shall include a separate breakdown of the personnel portion of the costs based on a verifiable hourly rate per person, the materials portion of the costs and any other necessary or anticipated costs associated with the project. The applicant shall provide any documentation or financial statements available to support the estimated project costs including a statement of the portion of the principal investigators’ salaries being funded from grant funds. Applications that charge a general overhead fee will not be accepted. All cost components shall be listed.
(6) A statement regarding the amount of tuition to be charged for courses or workshops held as a part of the AEEP grant project.
(7) Information regarding the breadth of the AEEP grant project, including individuals or groups taking part as partners, individuals or groups to be served by the AEEP grant project and the geographic area to be served by the AEEP grant project.
(8) Information regarding the skills, knowledge or experience to be gained from the AEEP grant project.
(9) A copy of the official organization board minutes when action was taken on the project or an authorized, signed statement attesting to the applicant’s commitment to the AEEP grant project.
(10) A biographical sketch of the principal investigator involved in the project that indicates the skills, knowledge, training and prior experience of the person developing and administering the AEEP grant project.
(c) Obtaining an application and assistance. An application for an AEEP grant under this subchapter shall be made on a form prepared by the Department. For AEEP grant applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643.
(d) Additional information. The Department may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the AEEP grant application.
(e) Application deadlines. AEEP applications for participation under this subchapter shall be postmarked by June 30 of the fiscal year prior to the fiscal year for which the funds are to be spent.
§ 106.64. Review of applications.
(a) Ranking criteria. Factors to be considered by the Department in selecting AEEP grant recipients include the following:
(1) Participation in previous AEEP and other Department activities.
(2) Appropriateness of the applicant’s participation in the specific AEEP grant solicitation.
(3) Ability of the applicant to provide qualified personnel during the entire AEEP grant project.
(4) Amount of funds available for the particular grant solicitation.
(5) The willingness and ability of the applicant to make in kind or financial, or both, contributions to match grant funds.
(6) The relevance of the project to aquaculture development plan priorities set forth by the Advisory Committee.
(7) The innovativeness of the project.
(8) The effect the project will have on aquaculture development or aquaculture marketing activities.
(9) The scope and duration of the project and how it relates to other projects and State aquaculture program components.
(10) The type and number of groups who will be affected by the project. A project which involves a wide range of partners and project beneficiaries will be given priority.
(11) The impact of and the benefits bestowed upon the agricultural community by the project.
(12) The continual and progressive nature of the project and the benefits and knowledge to be gained by the applicant and the public at large.
(13) The commitment to long-term aquaculture education and research by the applicant. Applicants that have demonstrated a commitment to aquaculture will be given priority.
(14) Whether the applicant has been the recipient of an AEEP grant within the same year.
(15) The availability of funding to the applicant from sources other than the AEEP program.
(16) The willingness of the applicant to share information derived from the project with others.
(b) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from liabilities for losses as a result of participation in the specific AEEP grant. This includes losses associated with salary or other project cost increases during the AEEP grant period. Applications shall contain a release and hold harmless statement which the applicants agree to when they sign the application. Unsigned applications will be considered incomplete.
§ 106.65. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special considerations or reject applications. The Department will issue approvals in accordance with the general considerations and criteria of the act and this subchapter. The Department may impose reasonable restrictions or special conditions upon the issuance of an approval.
(b) Processing. An application for an AEEP grant will be processed in the following manner:
(1) Dating. The applications shall have the initial date of the postmark or initial date. The date will be noted on the application.
(2) Completeness and accuracy. Beginning in July of each year, the Department will review each AEEP grant application and the required supporting documentation for completeness and accuracy.
(3) Eligibility. Beginning in July of each year, the Department will review each AEEP grant application and the required supporting documentation to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete and inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant to be incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request will be in writing and will be sent to the applicant address listed on the AEEP application. The processing of the application will cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 15 business days of the request for the data. When the processing of the application is terminated, the Department will notify the applicant in writing, stating the reason for the termination, and refund the participation fee.
(6) Approval or denial. The Department may exercise discretion in approving applications and in determining the distribution of grants so that the widest possible audience becomes acquainted with aquaculture and benefits from the projects funded through the AEEP grant program. The Department may impose reasonable restrictions or special conditions upon the issuance of a grant.
(7) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual AEEP applications. The Advisory Committee will recommend overall program priorities for each program to the Secretary. Additionally, the Advisory Committee will recommend the amount of funds to be allocated to each program.
Cross References This section cited in 7 Pa. Code § 106.66 (relating to notice of disposition of application).
§ 106.66. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants by September 30 of each year of a decision to approve, approve with special conditions or reject the application. When the application is rejected, the Department will set forth in writing the reason for the rejection and refund the participation fee.
(b) Applications deemed incomplete or ineligible. Within 45 days of beginning of the review process of an application, the Department will notify the applicant of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification will be in writing and detail the additional data needed. The Department will follow the procedures in § 106.65(b)(5) (relating to processing of applications).
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