Commission Administration of the Cost-Share Program

PURPOSE: This rule establishes guidelines for the administration of the Cost-Share Program by the commission. (1) Forms. The commission shall develop and make available to participating districts, forms necessary for district administration, and prepare and keep updated guidance for district use in assisting with administration of the Cost-Share Program. (2) Commission Review of Claims for Payment. Upon receipt of a district-approved claim for payment, a commission representative reviews the claim and supporting documentation. If the claim is determined to be complete and properly documented, payment will be made by the Office of Administration to the landowner. (3) Variance Requests. The commission may grant individual variances upon presentation of adequate proof that compliance with sections 278.060 to 278.300, RSMo or any rule or regulation, standard, requirement, limitation, or order of the commission will have an arbitrary and unreasonable impact on landowners participating in soil and water conservation eligible practices. In determining under what conditions and to what extent a variance may be granted, the commission has wide discretion in weighing the equities involved as well as the advantages and disadvantages of approving or disapproving a variance request. (A) The variance request shall— 1. Be in writing; 2. Be filed with the program director of the Soil and Water Conservation Program; and 3. Specify the reasons a variance should be granted by the commission. (B) The burden is placed on the applicant of a variance to show the inequities if the variance is not granted. (C) The program director shall promptly investigate the application and make a recommendation to the commission as to whether the variance should be granted or denied. (4) Incomplete or Inaccurate Claims for Payments. No payment will be authorized until the commission has determined that the claim for payment and necessary supporting documentations are complete and accurate. (5) Violations of Cost-Share Assistance Agreement. In the event the commission is notified of an alleged violation of the costshare assistance agreement, a representative of the commission, or a representative of the district, or both, shall investigate the alleged violation and report the results of the investigation to the commission. If, following the investigation, it appears as though a violation has occurred, the district board shall notify the landowner by certified mail, return receipt requested, and demand repayment of the appropriate amount to the Cost-Share Program within thirty (30) days after receipt of the demand for repayment. Within that thirty- (30-) day period, the landowner may request the commission review the demand for repayment. The request for a review must be in writing. The review shall be conducted at a commission meeting, allowing adequate opportunity for the landowner to present arguments in support of the claim. The landowner’s arguments may be presented by the landowner, by a representative, or in writing. If, following the review, the commission determines that no violation has occurred or that extenuating circumstances justify the landowner’s position, the demand for repayment shall be withdrawn and the commission shall notify the landowner of its decision. If, however, following the review, the commission determines the violation did occur, it shall notify the landowner by certified mail, return receipt requested, and renew the demand for repayment. If the repayment is not received within thirty (30) days of receipt of the commission’s request for repayment or if all deficiencies are not corrected at the landowner’s expense within the time specified by the commission, the commission may refer the matter to the Office of the Attorney General for recovery of the state cost-share funds. (6) New Practices. The commission has the authority to conduct a pilot project for the purpose of testing development and implementation of new cost-share practices appropriate for future soil and water conservation resource needs. A pilot project will be conducted for a specified period of time in a limited area determined by the commission. AUTHORITY: sections 278.070(4), 278.080(8), and 278.110.8, RSMo 2016.* Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed July 23, 1992, effective May 5, 1993. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended: Filed Jan. 31, 1996, effective Sept. 30, 1996. Amended: Filed May 23, 2018, effective Jan. 30, 2019. *Original authority: 278.070(4), RSMo 1943, amended 1961, 1969, 1980, 2008, 2009; 278.080(8), RSMo 1943 amended 1961, 1980, 1986, 1995, 2000, 2001; and 278.110.8, RSMo 1943, amended 1961, 1980.