§ 13.300. Onsite reviews.
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/us/cfr/t38/s§ 13.300·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Periodic onsite reviews.
(1)The Hub Manager will conduct a periodic, scheduled, onsite review of any fiduciary in the United States, whether the fiduciary is an individual or an entity, if:
(i)The fiduciary serves 20 or more beneficiaries, and
(ii)The total annual amount of recurring VA benefits paid to the fiduciary for such beneficiaries exceeds the threshold established in 38 U.S.C. 5508 as adjusted by VA under 38 U.S.C. 5312.
(2)The Hub Manager must complete at least one periodic onsite review triennially if the fiduciary meets the requirements of paragraph (a)(1) of this section.
(3)VA will provide the fiduciary with written notice of the periodic onsite review at least 30 days before the scheduled review date. The notice will:
(i)Inform the fiduciary of the pending review and the fiduciary's obligation under this part to cooperate in the onsite review process, and
(ii)Request that the fiduciary make available for review all relevant records, including but not limited to case files, bank statements, accountings, ledgers, check registers, receipts, bills, and any other items necessary to determine that the fiduciary has been acting in the best interest of VA beneficiaries and meeting the responsibilities of fiduciaries prescribed in § 13.140.
(b)Unscheduled onsite reviews. The Hub Manager may conduct unscheduled onsite reviews of any fiduciary, regardless of the number of beneficiaries served by the fiduciary or the total amount of VA benefit funds under management by the fiduciary, if:
(1)VA receives from any source credible information that the fiduciary has misused or is misusing VA benefits;
(2)The fiduciary's annual accounting is seriously delinquent. For purposes of this section, seriously delinquent means the fiduciary failed to submit the required accounting within 120 days after the ending date of the annual accounting period;
(3)VA receives from any source credible information that the fiduciary is not adequately performing the responsibilities of a fiduciary prescribed in § 13.140; or
(4)The Hub Manager determines that an unscheduled onsite review is necessary to ensure that the fiduciary is acting in the interest of the beneficiary or beneficiaries served by the fiduciary.
(c)Procedures.
(1)Onsite reviews will consist of the following:
(i)A face-to-face meeting with the fiduciary. In the case of a fiduciary that is an entity, the face-to-face meeting will be with a representative of the entity;
(ii)A review of all relevant records maintained by the fiduciary, including but not limited to case files, bank statements, accountings, ledgers, check registers, receipts, bills, and any other items necessary to determine whether the fiduciary has been acting in the interest of VA beneficiaries; and
(iii)Interviews of beneficiaries, the fiduciary's employees, and other individuals as determined necessary by the Hub Manager.
(2)Not later than 30 days after completing a periodic or unscheduled onsite review, the Hub Manager will provide the fiduciary a written report of VA's findings, recommendations for correction of deficiencies, requests for additional information, and notice of VA's intent regarding further action.
(3)Unless good cause for an extension is shown, not later than 30 days after the date that VA mails the report prescribed by paragraph (d)(2) of this section, the fiduciary must submit to the fiduciary hub a response to any VA request for additional information or recommendation for corrective action.
(4)The Hub Manager will remove the fiduciary for all VA beneficiaries whom the fiduciary serves if the fiduciary:
(i)Refuses to cooperate with VA during a periodic or unscheduled onsite review,
(ii)Is unable to produce necessary records,
(iii)Fails to respond to a VA request for additional information or recommendation for corrective action, or
(iv)Is found during an onsite review to have misused VA benefits. (Authority: 38 U.S.C. 501, 5508)
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