Ala. Admin. Code r. 305-2-3-.03
Current through Register Vol. 43, No. 02, November 27, 2024
Section 305-2-3-.03 - Definitions(1)Agency/ADECA. The Alabama Department of Economic and Community Affairs (ADECA).(2)Application. The Community Services Block Grant application submitted annually to the Secretary of the United States Department of Health and Human Services by the State of Alabama, Alabama Department of Economic and Community Affairs (ADECA), and/or the Community Services Division of ADECA.(3)Chief Executive Officer of the State. The Governor of the State of Alabama.(4)Community Services Block Grant Act. The Community Services Block Grant Act, Public Law 97-35, as amended; 42 U.S.C. § 9901et seq.(5)Community Services Block Grant Funds. Federal grant funds received by the State of Alabama, Alabama Department of Economic and Community Affairs (ADECA), and/or the Community Services Division of ADECA pursuant to submission of an annual grant application to the Secretary of the United States Department of Health and Human Services, which grant funds are then awarded among the eligible entities within the State of Alabama pursuant to the Community Services Block Grant Act and the grant regulations promulgated by the United States Department of Health and Human Services, ADECA, and/or the Community Services Division of ADECA.(6)Community Services Division. The Community Services Division of the Alabama Department of Economic and Community Affairs (ADECA).(7)Director. The Director of the Alabama Department of Economic and Community Affairs (ADECA).(8)Eligible Entity. An officially designated community action agency or community action program as defined in the Community Services Block Grant Act, which agency or program is presently operating within the State of Alabama, and which agency or program receives funding through ADECA and/or the Community Services Division of ADECA from funds provided by the Community Services Block Grant Act.(9)Fiscal Year. The annual budget and grant administration period which begins on October 1 and ends on September 30 of the following year.(10)For Cause. (a) For purposes of making a determination with respect to a funding reduction, the term "for cause" shall include: 1. a statewide redistribution of funds under the Community Services Block Grant Program chapter, codified at 42 U.S.C.S. §§9901, et seq., to respond to: (i) the results of the most recently available census or other appropriate data;(ii) the establishment of a new eligible entity;(iii) severe economic dislocation;2. the failure of an eligible entity to comply with the terms of its agreement to provide services under the Community Services Block Grant Program chapter, codified at 42 U.S.C.S. §§9901, et seq.(b) For purposes of making a determination with respect to a termination, the term "for cause" shall include the material failure of an eligible entity to comply with the terms of its agreement and community action plan to provide services under the Community Services Block Grant Program chapter, codified at 42 U.S.C.S. §§ 9901, et seq.(11)Hearing Officer. The Director of ADECA shall request that the Attorney General appoint a hearing officer who shall be responsible for conducting and overseeing an eligible entity fair hearing described in this policy and procedure, and who shall make recommendations to the Director of ADECA on possible reduction or termination actions described herein.(12)Notice of Intent. A written communication served in person or sent by certified mail, return receipt requested, or its equivalent, or by telex, telegram, personal delivery, or other mode of written communication as the Director of ADECA shall so prescribe, to the last known address of an eligible entity, its identified counsel, its agent or agency for service of process. The notice of intent shall be deemed to have been received by the addressee five days after being properly sent to the eligible entity's or its designee's last known address.(13)Subgrantee. An eligible entity as defined hereinabove, which is presently receiving or has in the past received Community Service Block Grant funds from the State of Alabama, ADECA, and/or the Community Services Division of ADECA. Author:
Ala. Admin. Code r. 305-2-3-.03
Emergency Adoption: Filed January 15, 1997; effective January 15, 1997. New Rule: Filed May 9, 1997; effective June 13, 1997.Statutory Authority:P.L. 97-35, as amended; 42 U.S.C. §9901 et seq.