<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 24.05.22.11" title_num="24" subtitle_num="05" chapter_num="22" heading="Noncompliance with Approved Research Endowment Plan.">
  <paragraph num="A.">
    <text>If the Authority discovers from any source, including the reports submitted by a nonprofit institution of higher education to the Authority as set forth in Regulation .09 of this chapter and audit or inquiry responses from a nonprofit institution of higher education to the Authority as set forth in Regulation .10 of this chapter, that a nonprofit institution of higher education is not in compliance with the approved research endowment plan for which the matching funds have been allocated, the Authority shall notify the nonprofit institution of higher education of the noncompliance.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Within 10 business days of receipt of notice from the Authority under §A of this regulation, the nonprofit institution shall provide the Authority with a complete written explanation of the noncompliance, including:</text>
    <paragraph num="(1)">
      <text>All of the facts and circumstances surrounding the noncompliance;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The manner in which the nonprofit institution of higher education proposes to address the noncompliance; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Such other information as the Authority may request in its notice to the nonprofit institution of higher education under §A of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the Authority determines in its sole discretion that the noncompliance is capable of cure by the nonprofit institution of higher education, the Authority may provide the nonprofit institution of higher education with a reasonable period of time, as determined by the Authority in its sole discretion, to cure the noncompliance.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If the Authority determines in its sole discretion that the noncompliance is not capable of cure or the nonprofit institution of higher education fails to cure the noncompliance within the time period determined by the Authority under §C of this regulation, the Authority may impose sanctions on the nonprofit institution of higher education, including the return of all matching funds received by the nonprofit institution of higher education with respect to the approved research endowment plan.</text>
  </paragraph>
  <paragraph num="E.">
    <text>In making a determination under §C or D of this regulation, the Authority may invite the nonprofit institution of higher education to engage in discussions with the Authority to explain the noncompliance. Any oral clarification of an explanation of noncompliance by the nonprofit institution of higher education shall be confirmed in writing by the nonprofit institution of higher education within 5 business days of the making of the clarification.</text>
  </paragraph>
</regulation>