<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".20-1" citation="COMAR 01.02.04.20-1" title_num="01" subtitle_num="02" chapter_num="04" heading="Charitable Organizations Affiliated with State Agencies.">
  <paragraph num="A.">
    <text>A charitable organization affiliated with a State agency that is required to register with the Secretary of State as a charitable organization shall file with its registration statement and with each annual report an audit prepared in accordance with generally accepted auditing standards if it is required to do so under §6-402(b)(7)(i) of the Act.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The auditor's opinion shall state whether the financial statements present fairly the financial position of the charitable organization affiliated with a State agency and the results of its operations and changes in fund balance for the year then ended, in conformity with generally accepted accounting principles.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The auditor shall give an agreed-upon procedures report describing the procedures performed and shall make a finding with respect to each of the following items, stating whether anything came to the attention of the auditor which would cause the auditor to have an adverse opinion as to each item:</text>
    <paragraph num="(1)">
      <text>Whether the unrestricted resources of the organization were used in accordance with its purposes as stated in its charter, its bylaws, and the actions of its governing board;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Whether restricted gifts or grants have been properly segregated and used in accordance with the restrictions or designations imposed by the donor or grantor;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Whether all restricted funds are reported clearly as such;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Whether the organization is in compliance with agreements between the organization and its affiliated State agency, particularly as they relate to money due the State agency from the private foundation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Whether the organization’s expenditures and activities are in compliance with the Internal Revenue Code, the Maryland Solicitations Act under Business Regulation Article, Title 6, Annotated Code of Maryland, and other federal, State, and local laws governing financial matters;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Whether securities owned by the organization are in existence and adequately accounted for;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Whether purchases and sales of securities were properly authorized;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Whether investment income and gains or losses have been recorded in the appropriate fund;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Whether adequate internal controls are in place to provide reasonable satisfaction that the amounts reported as contributions are not materially misstated;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Whether adequate internal controls are in place to provide reasonable satisfaction that expenditures are properly classified; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Whether grants by the organization have been authorized by the governing board and procedures have been established to ascertain whether the grants made have been expended for their intended purposes.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If the auditor is unable to render an unqualified opinion regarding the financial statements of the organization or for any item in §B of this regulation, the auditor shall inform the organization in writing of recommendations for corrective action.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The auditor's written recommendations for corrective action shall be filed by the organization with its affiliated State agency and with the Secretary of State.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Review of Auditor's Recommendations.</text>
    <paragraph num="(1)">
      <text>The Secretary of State shall review the auditor's recommendations and determine whether:</text>
      <paragraph num="(a)">
        <text>Further auditing or other investigation is necessary; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Action shall be taken based on the auditor's recommendations and any investigation conducted.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary of State may take one or more of the following actions based on the auditor's report or recommendations:</text>
      <paragraph num="(a)">
        <text>Require the organization to take corrective action;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Require the organization to report on corrective action taken within a certain time;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Delay the registration or renewal of the organization;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Refer the matter to the Attorney General for civil enforcement; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Refer the matter to the appropriate State's attorney for prosecution.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>