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Regulatory Environment: Federal, State & Local Laws & Regulations

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Federal regulations - See V.A. Compliance and Assurances

State and local regulations and laws vary from institution to institution, depending on their location and their status (private vs. public, state educational system schools vs. land grant institutions, non-for-profit research organizations vs. for-profit research companies, university-affiliated hospitals vs. VA hospitals, government resaerch laboratories vs. small start up companies).

Some key items to be particularly alert to include:

State regulations prohibiting public institutions from taking certain risks, such as accepting hold harmless clauses or confidentiality provisions.

Environmental barriers to performing research, such as state clean air requirements, and protected species.

State may impose affirmative action requirements on hiring, subcontracting, and purchasing.

State public institutions may be prohibited by public policy from using general operating funds as matching for industry sponsored research projects. Some states may prohibit carrying forward unspent funds across fiscal years, impacting the timing of expenditures for matching purposes.

Applicable Law - State institutions may be limited in being subject to the governing laws of other states. (1)

Sarbanes-Oxley
http://www.nacubo.org/documents/news/2003-03.pdf
http://www.boardsource.org/clientfiles/Sarbanes-Oxley.pdf

References:
(1) RAPID, R. Killoren, 1999

Original Contributors:

Pamela B. Whitlock, University of North Carolina, Wilmington - whitlock@uncw.edu
Julie Cole, Georgia Southern University - jcole@georgiasouthern.edu

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