Ala. Admin. Code r. 305-2-3-.05
Current through Register Vol. 43, No. 02, November 27, 2024
Section 305-2-3-.05 - Fair Administrative Hearing Policy(1) The State of Alabama, ADECA, and/or the Community Services Division of ADECA shall not reduce or terminate, nor make any attempts at reducing or terminating, the funding of an eligible entity or a subgrantee who is receiving grant funds within the State of Alabama under or pursuant to the Community Services Block Grant Act, and its rules and regulations, without due process in accordance with the Community Services Block Grant Act, nor without a proper determination or confirmation of cause issued by the Secretary of the United States Department of Health and Human Services. In order to protect and further the public interest, it is the policy of the State of Alabama, ADECA, and the Community Services Division of ADECA to conduct business only with responsible persons of eligible entities, and subgrantees. Fair hearings are discretionary on the part of eligible entities but serious actions that, when taken in accordance with this policy and procedure, are appropriate means to implement this policy.(2) Action taken against an eligible entity or subgrantee by the State of Alabama, ADECA, and/or the Community Services Division of ADECA for cause shall result when the State of Alabama, ADECA, and/or the Community Services Division of ADECA determines that said eligible entity or subgrantee has failed to comply with the terms, conditions and/or obligations specified or implied in any and all grant contracts entered into pursuant to the Community Services Block Grant Act program, and/or federal and state laws, rules and regulations governing the Community Services Block Grant Act and the grant contracts, grant programs and grant funds administered pursuant thereto by the State of Alabama, ADECA, and/or the Community Services Division of ADECA.(3) When such action for cause is warranted, the State of Alabama, ADECA, and/or the Community Services Division of ADECA shall issue in writing to said eligible entity or subgrantee a notice of intent giving thirty calendar days' notice to said eligible entity or subgrantee that cause exists for a reduction in said eligible entity's or subgrantee's participation in, or for a termination of said eligible entity's or subgrantee's participation in present and/or future grant funding under the Community Services Block Grant Act.(4) For purposes of the State of Alabama, ADECA, and/or the Community Services Division of ADECA making said determination that cause exists for a reduction in said eligible entity's or subgrantee's grant funding, the term "cause" shall include: (a) A statewide redistribution of funds received pursuant to the Community Services Block Grant Act to respond to any of the following:1. The results of the most recently available census or other appropriate data.2. The establishment of a new eligible entity, or subgrantee.3. Severe economic dislocation.(b) The failure of said eligible entity, or subgrantee to comply with the terms contained in the contract/grant agreement to provide services under the Community Services Block Grant Act and/or the federal and state laws, rules and regulations issued pursuant thereto.(5) For purposes of the State of Alabama, ADECA, and/or the Community Services Division of ADECA making said determination that cause exists for a termination of said eligible entity's or subgrantee's grant funding, the term "cause" shall include the material failure of said eligible entity or subgrantee to comply with the terms, conditions and obligations of the contract or grant agreement and community action plan to provide services under the Community Services Block Grant Act and the federal and state laws, rules and regulations issued pursuant thereto.(6) When the State of Alabama, ADECA, and/or the Community Services Division of ADECA recommends and proposes to reduce or terminate grant funding pursuant to this policy, the State of Alabama, ADECA by and through its Director, shall put such notification in writing to said eligible entity or subgrantee, indicating the recommended action(s) to be taken, the reason(s) for taking said recommended action(s), and the appeals procedure to be followed, to include said eligible entity's or subgrantee's opportunity to appear before an impartial hearing officer and to present evidence at a fair and impartial hearing on the record. This written notification shall be served upon said eligible entity or subgrantee by certified mail, telex, telegram, personal delivery, or other mode of written communication as the Director of ADECA shall so prescribe, and shall include the following information: (a) A written explanation of the facts of the situation, the recommended reduction or termination action(s) to be taken, the reason(s) for taking the recommended reduction or termination action(s), and the date for the recommended reduction or termination action(s) to be effective.(b) A statement informing the eligible entity or subgrantee that it may submit a written request to the Director of ADECA within ten (10) calendar days of its receipt of the written notification of the recommended reduction or termination action(s), requesting that a fair and impartial hearing be conducted on the record in order for the eligible entity or subgrantee to present oral and/or written evidence as to why the recommended reduction or termination action(s) should not be imposed, and that this written request shall be addressed and submitted to the Director of ADECA at ADECA's main office located at 401 Adams Avenue, Room 580, Post Office Box 5690, Montgomery, Alabama 36103-5690. This statement should also inform the eligible entity or subgrantee that if it chooses to make no response to the notification of recommended reduction or termination action(s), then the decision of the State of Alabama, ADECA by and through its Director, shall be considered as a final determination on said recommended reduction or termination action(s).(c) The written notice of the recommended reduction or termination action(s) sent to the eligible entity or subgrantee shall be signed by the Director of ADECA. Author:
Ala. Admin. Code r. 305-2-3-.05
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.