Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.05 - Fair Administrative Hearing Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(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.