W. Va. Code R. § 148-4-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-4-11 - Eligibility

11.1. Determination of Eligibility. The manager of the SASP will determine the eligibility of applicants to participate in and receive surplus personal property through the program established by 40 U.S.C. section 549. Standards and guidelines contained in 40 U.S.C. section 549 will be followed in making the determination of eligibility for each applicant. As stated in these guidelines, property may be distributed to: "Any public SASP for use in carrying out or promoting for the residence of a given political area one (1) or more public purposes, such as conservation, economic development, education, parks and recreations, public health and public safety"; or "[A]ny nonprofit educational or public health institution or organization, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, providers of assistance to homeless or impoverished, programs for older individuals and sheltered workshops, schools for the handicapped, child care centers, radio and television stations, museums attended by the public, and libraries serving free all residents of a community, district, state or region which is exempt from taxation under Section 501-C-3 of the Internal Revenue Code of 1986, for purposes of education or public health (including research for any such purposes)." The SASP will provide surplus property information to potential eligible applicants through public information efforts. Applicants for eligibility will be provided detailed instructions, application forms and assistance upon request. For the Application for eligibility, see Appendix C of the State Plan of Operation .

11.2. Donee eligibility records are to include at a minimum:

11.2.a. Completion of the application for eligibility showing legal name and address of donee

11.2.b. Provide documentary evidence of status as a public SASP, a nonprofit educational institution or a public health institution or organization.;

11.2.c. Provide details concerning program activities to include specific public programs or specific nonprofit educational or medical facilities operated, their functions, locations, purposes, etc.;

11.2.d. Provide evidence of tax exemption under Section 501 of the Internal Revenue Code of 1986 if the donee is a nonprofit education or public health institution or organization.

11.2.e. Provide evidence that the applicant is approved, accredited or licensed, if required. Donee's eligibility will be reviewed, updated and validated every three (3) years, with the exception of fire department applications, which will be validated annually, if the fire department is eligible to participate in the federal property program.

11.2.f. Provide means and methods of finding;

11.2.g. Furnish an authorization signed by the chief administrative officer or executive head of the donee designating one (1) or more representatives to act for the applicant to:

(1) Acquire donable property from the SASP;

(2) Obligate any necessary funds of the applicant for this purpose;

(3) Execute the SASP distribution document, including terms , condition, reservations and restrictions that the SASP or GSA may establish on the use and disposal of the property;

11.2.h. Provide assurances of compliance with Title IV of the Civil Rights Act of 1964, as amended, 40 U.S.C. 549, and Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments Act of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975;

11.2.i. Provide a list of types of property needed.

W. Va. Code R. § 148-4-11