DAR File No. 44156

Workforce Services, Housing and Community Development

Rule R990-100

Community Services Block Grant Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 44156
Filed: 10/29/2019 05:01:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this amendment is to make this rule consistent with current federal law and regulations, state law, and existing Department of Workforce Services (Department) policy and procedures; and to clarify processes and procedures for grant applicants and recipients.

Summary of the rule or change:

This amendment updates legal citations, adds subsections concerning acronyms and definitions, and amends terminology to make it consistent with federal regulation and guidance. This amendment also clarifies subsections concerning: assurances required by the Community Services Block Grant (CSBG) Act, compliance expectations, qualifications, program participant eligibility, funds allocation, the approval process, financial reports and reimbursements, administrative cost, personnel policies, amendments and waivers, program monitoring and evaluations, program reporting requirements, citizen participation, the application process and submission timetable, and budget estimate. This amendment removes the section concerning transfer of funds as that section no longer applies to the program. This amendment removes the section concerning Senate Bill 50 - Sales Tax Refund on Donated Food, as that program has ended. This amendment removes the section concerning general appeals in keeping with federal regulations and guidance, and moves the process for appealing a suspension or termination of funds to the relevant subsection. This amendment reflects current federal law and regulations, state law, and existing Department policy and procedures. This amendment also provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah.

Statutory or constitutional authorization for this rule:

• Section 35A-8-1004

Anticipated cost or savings to:

the state budget:

These proposed rule changes are not expected to have any fiscal impact on state government revenues or expenditures. There are no additional state employees or resources needed to oversee this proposed rule amendment because these changes reflect current law and existing Department policy.

local governments:

These proposed rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because the Department is merely changing this rule to reflect current law and existing Department policy.

small businesses:

These proposed rule changes are not expected to have any fiscal impacts on small businesses because the Department is merely changing this rule to reflect current law and existing Department policy. Further, the program does not interact directly or indirectly with small businesses.

persons other than small businesses, businesses, or local governmental entities:

These proposed rule changes are not expected to have any fiscal impact on other individuals because the Department is merely changing this rule to reflect current law and existing Department policy.

Compliance costs for affected persons:

These proposed rule changes are not expected to cause any compliance costs for affected persons because these proposed rule changes do not create any new administrative fees.

Comments by the department head on the fiscal impact the rule may have on businesses:

After a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
Housing and Community Development
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Amanda McPeck at the above address, by phone at 801-517-4709, by FAX at , or by Internet E-mail at ampeck@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Jon Pierpont, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on non-small businesses because the Department is merely changing this rule to reflect current law and existing Department policy.

 

Jon Pierpont, Executive Director of the Department of Workforce Services, has reviewed and approved this fiscal analysis.

 

 

R990. Workforce Services, Housing and Community Development.

R990-100. Community Services Block Grant Rules.

R990-100-1. Authority.

This rule is authorized under Section 35A , Chapter 8, Part 10, State Community Services Act[-8-1004, U.C.A. 1953], which allows the Housing and Community Development Division (HCD D) to receive funds for and to administer federal aid programs.

 

R990-100-1a Acronyms.

(1) HCDD: Housing and Community Development Division

(2) CSBG: Community Services Block Grant

(3) SCSO: State Community Services Office

 

R990-100-1b. Definitions.

In addition to the definitions of terms found in Section 35A-8-1002 and the Community Services Block Grant Program, 42 U.S.C. 9902, the following definitions apply to this rule:

(1) "Community Action Programs" means local private and public non-profit organizations that carry out the Community Action Program (CAP), which was founded by the 1964 Economic Opportunity Act to fight poverty by empowering the low-income as part of the War on Poverty.

(2) "CSBG Act" means the Community Opportunities, Accountability, and Training and Educational Services Act of 1998 (also known as the COATES Act, Pub. L. No. 105 et seq., 42 U.S.C. Chapter 106).

 

R990-100-2. Purpose.

The purpose of this rule is to establish standards and procedures for the Community Services Block Grant [(CSBG) ] authorized under the Community Opportunities, Accountability, and Training and Educational Services Act of 1998 (CSBG Act)[Omnibus Reconciliation Act of 1981 (Title XVII, Chapter 2, Sections 671 through 683)], contracted to eligible entities (counties or combinations of counties and Community Action Programs) to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the local communities.

 

R990-100-3. Eligible Grantees for CSBG Programs and Projects.

(1)[A.] Utah shall distribute at least 90 percent of available funds as pass-through grants to eligible entities[ (hereinafter referred to as local grantees) for them] to administer directly or, at the eligible entity's[their] option, to sub-contract[ (hereinafter referred to as local sub-grantees)], for the performance of eligible activities. Eligibility for the 5 percent discretionary funds will be established by the state plan[ each fiscal year].

(2)[B.] When[ever] a public eligible entity[grantee] chooses to sub-contract all program operations to a private entity[ rather than administer them directly], the private entity must be a non-profit organization directed by a board whose composition complies with 42 U.S.C. 9910[Section 675 (c)(3) of the Community Services Block Grant Act].

 

R990-100-4. Assurances Required by CSBG Act.

[All]Each eligible entity[ grantees] shall be required through the application and agreement process to submit a certification of assurances based on CSBG programmatic, administrative and financial requirements of the Act as outlined by CSBG[Community Services Block Grant] Program Directives prepared by the [State Community Services Office (]SCSO[)].

 

R990-100-5. Compliance.

[Local grantees]Each eligible entity must maintain its[their] eligibility to receive CSBG funds by being in compliance with applicable laws, regulations, performance requirements, CSBG organizational standards as defined by the Department of Health and Human Services' Office of Community Services, and contractual agreements. The state reserves the right to examine any[all] aspects of CSBG funded activities to ensure compliance[that this is the case].

 

R990-100-6. Qualifications.

[Local grantees]Each eligible entity shall [must ]demonstrate that it has[they have] in place, or shall have in place before[prior to] undertaking CSBG funded program activities, management systems adequate to ensure that CSBG funds are[shall be] spent efficiently and effectively. When activities are sub-contracted, the [local grantee]eligible entity shall [must ]have in place a system and assume the responsibility for monitoring and evaluating sub-contracts. Files must be retained containing the[such] monitoring and evaluation results and be available for the State's review for at least three years after the completion of the contract. In no case shall the state provide funds to a grantee if available evidence suggests that the grantee cannot fulfill its obligations under the terms of the assurances required by the CSBG Act and the state plan for the use of CSBG funds.

 

R990-100-7. Program Participant Eligibility.

Income eligibility at or below 125% of the federal poverty level for program participation shall be based on the Office of Management and Budget official poverty guidelines as described in 42 U.S.C. 9902[Section 673 of the CSBG Act]. Income verification shall be consistent with the income verification policy established by SCSO.

 

R990-100-8. Funds Allocation.

(1)[A.] CSBG funds shall be allocated on the basis of federal fiscal years beginning October 1 to [local agencies]eligible entities by the following formula:

(a[1]) [All agencies]Each eligible entity selected for funding shall be awarded an equal, minimum base amount.

(b[2]) The amount remaining after subtraction of the sum of the minimum base amount shall be allocated among the [local grantees]eligible entities based on a poverty formula developed by SCSO[the census counts (or updates) of low-income residents and other related criteria such as long-term unemployment].

 

R990-100-9. Approval Process.

Criteria shall be used to review applications for CSBG funds and shall be distributed to eligible [grantees]entities as [a ]SCSO [Community Services Block Grant ]Program Directives. Each eligible entity shall annually submit an application and community action plan based on needs identified within the community. Application and action plans are reviewed by SCSO staff for consistency with program requirements and community needs.[A panel will screen and give a numerical rating to every application submitted by an eligible grantee based on the criteria outlined. The Community Services Office will compile these ratings and will make a final determination as to proposals that will receive funding and as to the level of funding that will be provided. Proposals must score a minimum number of points to be considered eligible.] [Prospective ]A CSBG [grantees]eligible entity shall be notified of application status [60]30 days or less after the closing date of application submissions. Any application found to be incomplete or inadequate will be returned to the [local grantee]eligible entity for appropriate changes. The [Community Services Office]SCSO will provide technical assistance to any eligible [agency scoring below the minimum]entity that demonstrates need throughout the application process.

 

R990-100-10. Award Procedures.

The state shall [enter into a ]contract with [local grantees]an eligible entity on October 1 contingent upon Federal authorization and appropriation for CSBG. Once signed, this contract shall be binding on both parties.

 

R990-100-11. Fiscal Operations Procedures.

(1)[A.] Each [local grantee]eligible entity shall have an acceptable procedure describing functions of its fiscal office and including at a minimum:

(a[1]) Purchasing procedure,

(b[2]) System of cash control,

(c[3]) Payroll system, and

(d[4]) Internal and external reporting systems.

(2)[B.] Fiscal procedures shall be in compliance with applicable state and federal regulations, including 45 CFR Part 75, and conform with generally accepted accounting procedures.

 

R990-100-12. Financial Reports and Reimbursements.

(1) Financial reports [(Form CSBG 611-D) ]are to be submitted on a [monthly]no more frequently than monthly and no less frequently than quarterly basis[, no later than twenty (20) days following the end of each month].

(2) [Local grantees]Each eligible entity shall receive reimbursement based on a monthly financial status report and certification of work program activities.

(3) Each[All] report[s] must be signed by either:[have an authorized signature, i.e.,]

(a) the contract signatory, or

(b) someone designated by the signatory, with a letter of designation filed with the state.

(4) Final reimbursement requests shall be due by the date stipulated by SCSO contract.

 

R990-100-13. Administrative Cost.

Administrative costs include allowable expenditures , as per 45 CFR Part 75, incurred to administer the CSBG through an indirect cost rate[plan], approved by a cognizant Federal Agency or a cost allocation plan approved by the SCSO.[ Such costs should not exceed 10%.]

 

R990-100-14. Travel and Per Diem.

Travel, per diem , and allowances for staff and board members shall be determined by approved [local agency]eligible entity guidelines which establish rates of reimbursement.

 

R990-100-15. Purchasing, Receiving and Accounts Payable.

(1)[A.] [Grantee agencies]An eligible entity shall develop and have approved procedures for handling purchasing, receiving, and accounts payable that comply with 45 CFR Part 75. [(]In the absence of a local procedure, the state procedure shall be followed.[)] These procedures shall[should] include:

(a[1]) Pre-numbered purchase orders and[/or] vouchers for any[all] items of cost and expense.

(b[2]) Procedures to insure procurement at competitive prices.

(c[3]) Receiving reports to control the receipt of merchandise.

(d[4]) Effective review following prescribed procedures for program coding, pricing and extending vendors' invoices.

(e[5]) Invoices matched with purchase orders and receiving reports.

(f[6]) [The local grantee must have a]Adequate controls, such as checklists for statement - closing procedures to insure that open invoices and uninvolved amounts for goods and services are properly accrued or recorded in the books or controlled through worksheet entries.

(g[7]) Adequate segregation of duties in that different individuals are responsible for:

(i[a]) Purchase;

(ii[b]) Receipt of merchandise or services; and

(iii[c]) Voucher approval .

(2)[B.] A list of anticipated equipment purchases must accompany the application for funding. Purchases over $1,000 must receive written state approval.

 

R990-100-16. Property and Equipment.

(1)[A.] Each [local grantee]eligible entity shall develop procedures for control of property and equipment that comply with 45 CFR Part 75. These procedures shall[should] include; but are not limited to:

(a[1]) An effective system of authorization and approval of equipment purchase;

(b[2]) Accounting practices for recording assets;

(c[3]) Detailed records of individual assets which are maintained and periodically balanced with the general ledger accounts;

(d[4]) Effective procedures for authorizing and accounting for equipment disposal; and

(e[5]) Secure storage of property and equipment.

 

R990-100-17. Purchase or Improvement of Land or Buildings.

Funds shall not be used for purchase or improvement of land, or the purchase, construction, or permanent improvement [(]other than low-cost residential weatherization or other energy related home repairs[)] of any building or other facility except as this prohibition may be waived under conditions described in 42 U.S.C. 9918[Section 680 (b) of the CSBG act].

 

R990-100-18. Personnel Policies.

(1)[A.] Each [local grantee]eligible entity shall maintain written personnel policies, available for review, which shall[should] include:

(a[1]) Classification and pay plan;

(b[2]) Policies governing selection , [and ]appointment , and written evaluation;

(c[3]) Conditions of employment and employee performance;

(d[4]) Employee benefits;

(e[5]) Employee-management relations including procedures for filing and handling grievances, complaints and rights of appeal;

(f[6]) Personnel records and payroll procedures;

(g[7]) Job description for each[all] position[s];

(h[8]) Drug Free Work Place Policy[.]; and

(i) Whistle Blower Policy.

 

R990-100-19. Civil Rights.

(1)[A.] [All]Any CSBG funded program[s] shall comply with the nondiscrimination provisions contained in 42 U.S.C. 9918[Section 677 of the Community Services Act].

(2)[B.] [Local grantees]An eligible entity shall be required to have on file an affirmative action plan that describes what the[y] entity will do to ensure that current and prospective employees and program participants are treated in a non-discriminatory manner. This plan shall also include a grievance procedure to address[deal with] allegations of discrimination by[on the part of] prospective and current staff members or program participants.

(3)[C.] The provisions of this section shall apply to each[any and all] grantee[s] and sub-grantee[s], except where special conditions apply, i.e., Indians, migrants, or seasonal farm workers.

 

R990-100-20. Prohibition of Political Activities.

Each [CSBG grantee]eligible entity shall be responsible for assuring adherence to political activity prohibitions contained in 42 U.S.C. 9918[Sec. 675 (c) (7) of the CSBG Act]. Monitoring of any sub-grantees shall be required as a part of the eligible entity's administrative responsibilities. A description of this process is to be available for state review during monitoring visits or upon request. Violations of the prohibitions are to be reported to the [state ]SCSO immediately along with reports of measures taken by the [grantee]eligible entity to restore compliance.

 

R990-100-21. Audits and Inspection.

Each [local grantee]eligible entity shall have performed by an independent certified public accounting firm an annual audit that conforms with the provisions and requirements of [OMB Circular A-128, A-122 and A-133]45 CFR Part 75, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards. The audit shall be due no later than one year following the end of the grantee's fiscal year.

 

R990-100-22. Suspension or Termination of Funds.

(1)[A.] [HCD may suspend funding to a local grantee i]If monitoring reports or independent audit reports show[indicate] continuing, substantial non-compliance with contract requirements, accounting procedures, or fiscal control requirements, HCDD may request the eligible entity to submit and implement a Quality Improvement Plan within 60 days of notice of deficiency. [If problems identified are not corrected within a reasonable length of time, but not to exceed 60 days, HCD may terminate its contract with local grantee and make the remaining funds available to other eligible entities. ]Action to suspend or terminate funding will not be taken, however, unless timely and reasonable communication with the [local grantee]eligible entity fails to produce corrective action to HCDD's satisfaction. The [local grantee]eligible entity shall not be relieved of liability to the state for funds expended for improper purpose or federal audit exceptions sustained by the state by virtue of any breach of the contract by the agency, and the state may withhold or recover any payments to the [grantee]eligible entity [for the purpose of setoff ]until [such time as ]the exact amount of damage due the state from the [grantee]eligible entity is determined.

(2)[B.] Pursuant to the provisions of the contract between the state and [local grantee]eligible entity, delegation of funds and activities to others may not be made without prior approval of HCDD, SCSO.

(3) If HCDD takes action to suspend or terminate funding to an eligible entity, HCDD will issue a notice of agency action detailing the reasoning for terminating or suspending funding, including information concerning any Quality Improvement Plan and communication concerning the failure to produce correction action.

(4) An entity that receives a notice of agency action may request a hearing on the record, pursuant to 42 U.S.C. 9908(b)(8).

(a) The request for hearing must be in writing, approved and signed by the entity's elected officials, and must set forth the grounds for the request.

(b) The request for hearing must be filed with Department of Workforce Services Division of Adjudication within 30 calendar days from the date of the notice of agency action.

(c) In computing the time allowed for filing a request for hearing, the date as it appears in the notice of agency action is not included. The last day of the request period is included in the computation unless it is a Saturday, Sunday, or legal holiday when the offices of the Department are closed. If the last day permitted for filing an request falls on a Saturday, Sunday, or legal holiday, the time permitted for filing a appeal will be extended to the next day when the Department offices are open.

(d) The date of receipt of a request is the date the request is actually received by the Department of Workforce Services Division of Adjudication, as shown by the Department's date stamp on the document or other credible evidence such as a written or electronic notation of the date of receipt, and not the post mark date from the post office. If the appeal is faxed to the Department of Workforce Services Division of Adjudication, the date of receipt is the date recorded on the fax.

(e) If an eligible entity does not request a hearing within the 30-day limit, the notice of agency action will be effective at the end of the 30 days.

(5) The hearing on the record will be conducted in accordance with the procedures outlined in R986-100-124 through R986-100-133.

(6) If the eligible entity disagrees with the Administrative Law Judge decision, the entity may appeal to the Department of Workforce Services Executive Director or person designated by the Executive Director. The appeal must be filed, in writing, within 30 days of the issuance of the decision of the Administrative Law Judge.

(a) The decision by the Department of Workforce Services Executive Director or person designated by the Executive Director, constitutes the final agency decision.

(7) If the eligible entity disagrees with a final agency decision to terminate funding, it may appeal to the Secretary of the U.S. Department of Health and Human Services, as provided in 45 C.F.R. 96.92.

(a) Pursuant to 45 C.F.R. 96.92, if an eligible entity has made a request for review, SCSO may not discontinue current or future funding until the U.S. Department of Health and Human Services confirms the final agency decision.

(b) Pursuant to 45 C.F.R. 96.92, if an eligible entity does not make a request for review within the 30-day limit, the final agency decision will be effective at the end of the 30 days.

 

[ R990-100-23. Transfer of Funds.

Because of the limited funds anticipated to be made available, HCD shall not transfer any of the CSBG to eligible entities under the Older Americans Act of 1965, Head Start, or Low-income Home Energy Assistance, nor consider a grantee in compliance if such transfers are made locally.]

 

R990-100-24. Amendments/Waivers.

[A. Prior approval for budget changes is required in the following instances:

(1) The dollar amount of transfers among budget categories exceeds or is expected to exceed $10,000 or five percent of the grant budget, whichever is greater, for grants of $100,000 or larger.

(2) For grants under $100,000, approval is required if transfers exceed or are expected to exceed five percent of the grant budget.

(3) Limited flexibility in budget adjustments will be allowed as follows (submit informational copies of adjusted CSBG forms to SCSO):

(a) Rebudgeted funds within the Personnel Services portion of their CSBG budget;

(b) Rebudgeted funds within the Supportive Services portion of their CSBG budget;

(c) On a one-time basis, allowable transfers from the Personnel Services budget to Supportive Services;

(d) On a one-time basis, allowable transfers from the Supportive Services budget to Personnel Services;

B. Program goals may be amended by submitting changes for approval on appropriate CSBG forms. At any point during the program year it appears that a goal may be achieved at less than 90%, a program and budget amendment must be submitted for approval.

C. Grantees]An eligible entity may [also ]request contract period end dates be extended for up to 180[sixty (60)] days [in order ]to spend program or project carryover funds amounting to less than ten [(10) ]percent, or an amount approved by the state, of the total contract amount.

 

R990-100-25. [Project]Program Monitoring and Evaluations.

(1)[A.] Monitoring will be accomplished through review of the fiscal, programmatic, and progress reports and on-site visits. On-site visits shall automatically be initiated in response to a written complaint of financial or programmatic non-compliance.

(a) Monitoring will relate to eligible entity compliance with federal assurances and federal and state requirements in program management and operation.

(2)[B.] Evaluation of CSBG funded programs shall be conducted [either ]by the state or by the [local CSBG grantees]eligible entity and shall be distinct from both compliance monitoring and the state's examination of a CSBG [grantees]eligible entity to ensure the entity is[that they are] eligible to receive CSBG funds and [that they are]is in compliance with any[all] CSBG related obligations.

(a) Evaluation will involve an attempt to measure program performance project results, and to determine the impact of an eligible entity's efforts.

(b) For the most part, CSBG evaluations will be a joint state/local effort, but the state reserves the right to conduct evaluations of CSBG programs at any time for purposes it considers appropriate. In these circumstances, reasonable efforts will be made to accommodate the concerns of any eligible entity that is involved.[Monitoring will relate to grantee compliance with federal assurances and state requirements in program management and operation. Evaluation will involve an attempt to measure program performance project results, and to determine the impact a grantee's efforts have had on the causes of a problem being addressed and on the problem itself.

C. For the most part, CSBG evaluations will be a joint state/local effort, but the state does reserve the right to conduct evaluations of CSBG programs at any time for purposes it deems appropriate. In such cases, reasonable efforts will be made to accommodate the concerns of any local grantee that is involved.]

 

R990-100-26. Program Reporting Requirements.

[Local grantees]An eligible entity shall[be required to] maintain client profile records[sheets] on individual clients, households or groups of clients, if appropriate. A compiled report of the number and characteristics of clients served[, by category,] shall be submitted to SCSO on an annual basis by the SCSO stated due date[the prescribed CSBG Form thirty (30) days after the end of each quarter of the program period. The program progress report is also due at the same time].

 

[R990-100-27. Appeals Procedure.

A. Grantees identified in the state plan as eligible to receive funding from the Community Services Block Grant can use the following procedure to appeal decisions made by the State Community Services Office in regards to program and funding.

B. Any substantive decision of SCSO which a local grantee believes to be unfair or unreasonable and having a major adverse impact on the local program, may be appealed by the grantee. The appeal process is as follows:

(1) Within fifteen (15) days of receipt of a SCSO decision that is believed to be unfair or unreasonable, the grantee believing itself to be aggrieved must submit a letter to the executive director of DWS or designee, approved and signed by its elected officials, setting forth:

(a) The decision that is being questioned;

(b) The date on which the grantee received notice of the decision;

(c) The rationale of the grantee for considering the decision to be substantial and unfair or unreasonable to the grantee;

(d) A request for a hearing, including a statement as to the desired outcome of such a hearing.

(2) Within ten (10) working days of the receipt of the grantee's request for a hearing, the executive director shall name a hearing officer, who shall schedule a hearing date no later than two (2) weeks after being so named and will notify the appellant grantee. The hearing officer will be independent of HCD.

(3) Prior to the scheduled hearing, the SCSO staff shall contact the Board of Directors of the appellant grantee:

(a) To obtain additional information pertinent to the issue;

(b) To clarify any misunderstanding of fact or policy;

(c) To explore possible alternatives that would eliminate the necessity for a hearing;

(d) To obtain a written withdrawal of the request for a hearing if the issue is resolved through negotiation.

(4) The hearing, should there be one, shall be conducted by the hearing officer. The appellant grantee may be represented by whomever it chooses at the hearing, but must notify HCD at least five (5) working days prior to the hearing who that person will be.

(5) The hearing officer shall review all testimony and evidence presented at the hearing and recommend a decision to the DWS Executive Director or designee. The DWS Executive Director or designee shall issue a written decision on the appeal within 10 working days after receipt of the hearing officer's recommendations.

(6) The decision resulting from the hearing shall be final. Any necessary hearings shall be held in Salt Lake City or at a site more convenient to the appellant agency, at the discretion of the Executive Director of DWS.]

 

R990-100-28. Citizen Participation.

(1)[A.] The state requires citizen participation and supports maximum participation of any[all] interested persons and groups in the development and implementation of the CSBG programs at the state and local level, in advisory or administering capacity.

(2[1])[.] Tripartite boards are required for governing boards of private, non-profit organizations and for the administering/advisory boards of public agencies and shall conform to the requirements outlined in 42 U.S.C. 9910[Sec. 675 (c) (3)].

(a)[.] A minimum of one third of the board is to represent low income. A description of the democratic selection process for representatives of the low-income[poor] is to be available for review.

(b)[.] One third of the members of the board are to be elected public officials, currently holding office, or their representatives, except if not enough public officials are willing or available, appointed public officials may serve. Minutes of meetings or letters of appointment must be on file for review.

(c)[.] The remaining[der of the] members are to be officials or members of business, industry, labor, religious, welfare, education or other major groups in the community. A description of the process used for selection of private sector representatives is to be available for review. The description shall[should] include a process for interested private sector groups to petition for membership and how the petition will be considered.

(2)[B.] As a part of the community needs[problem] assessment portion of the planning phase (conducted every three years), each eligible entity[local agency] shall conduct public forums for low-income residents of the areas. These forums are to allow a discussion and listing of problems as viewed by the low-income and their suggestions for solutions.

 

R990-100-29. Federal Program Regulations.

The CSBG is subject to regulations periodically published in the Federal Register.

 

R990-100-30. Required Documentation and Forms.

The required application, budget and reporting forms shall be designated through SCSO CSBG[Community Services Block Grant] Program Directives.

 

R990-100-31. Application Process and Submission Timetable.

(1)[A.] The grant application phase of CSBG for [local grantees]eligible entities involves:

(a[1]) A community needs assessment[local poverty problem identification process] developed under prescribed criteria outlined in a CSBG[Community Services Block Grant] Program Directives, problem analysis, resource analysis, service delivery system description, prioritization process and coordination policy process with appropriate documentation submitted to SCSO by the date published by the SCSO[May 15] every three [(3)] years, starting in 1998;

(b[2]) The development of a community action plan[work program] for addressing problems identified and prioritized includes;

(i[a]) Community review of the draft community action plan[work program];

(ii[b]) Approval of final plan by local boards or by local officials;

(iii[c]) Submission of the plan to SCSO[state office] by the date published by the SCSO[June 30 of each year].

(c[3]) As part of the application package, the applicant must submit an administrative budget separate from the program operation budget.

 

R990-100-32. Budget Estimate.

[By May 1]Following receipt of federal continuing resolution or budget information, the state shall make available to eligible applicants, an estimate of funding amounts for each geographical area, based on the formula contained in the State Plan.

 

R990-100-33. Public Review and Comment.

(1)[A.] After the community action plan[work program] has been prepared, but before Board approval, the applicant must provide ample opportunity for its['] review by low-income residents, the community as a whole, and relevant community organizations and agencies. Notice of the availability of the application for citizen review and comment shall also be given by providing written notice to organizations and agencies, to the local media, and posting of notice in public places convenient to low-income residents. The eligible entity[grantee] must submit any[all of the] comments of persons and organizations choosing to respond with the application to the SCSO[State Office of Community Services].

 

[R990-100-34. Senate Bill 50 - Sales Tax Refund on Donated Food.

A. The State Community Services Office shall:

(1) Provide definitions for certification and de-certification of eligible agencies to receive the sales tax refund;

(2) Provide criteria for an organization to apply for recognition as a qualified emergency food agency;

(3) Provide procedures to be used in the certifying and de-certifying of agencies for Rules and Procedure infractions;

(4) Provide standards for determining and verifying the amount of the donated food;

(5) Certify organizations to receive the Sales Tax Refund to the State Tax Commission;

(6) Provide monitoring to insure certified agencies maintain required weighing capabilities and inventory records;

(7) Develop other procedures necessary to implement Senate Bill 50 in consultation with the State Tax Commission.]

 

KEY: antipoverty programs, grants, community action programs[, food sales tax refunds]

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2019

Notice of Continuation: July 6, 2017

Authorizing, and Implemented or Interpreted Law: 35A-8-1004