Kentucky Administrative Regulations › Title 1 - LEGISLATIVE RESEARCH COMMISSION › Chapter 4 - Block Grants › Section 1 KAR 4:005 - Legislative oversight procedures applicable to federal block grants administered by state agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45.350-45.359, 273.446, 273.453
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 45.351 and
				273.453, state administering agencies, as defined by KRS 45.350(5) and
				273.410(6), are required to submit any federal block grant application to the
				Legislative Research Commission for review and comments at least ninety (90)
				days prior to the submission of such application to the federal administering
				agency, as defined by KRS 45.350(4) and 273.410(4), for funding. KRS 273.453(1)
				provides that before any community services block grant application is
				submitted by a state administering agency to a federal administering agency for
				funding, the application must be reviewed by the Legislative Research
				Commission. KRS 45.357 and 273.453(2) provide for the submission of actual use
				and distribution reports and block grant status reports to the commission by
				state administering agencies. This administrative regulation establishes the
				procedures applicable to the review and comment by the commission of federal
				block grant applications submitted to the commission by the state administering
				agencies, and procedures applicable to the review of reports on the actual use
				and distribution of block grant funds administered by state agencies, and on
				block grant program status reports filed with the commission by state
				administering agencies.
Section 1.
			 Procedures implementing KRS 45.350 through 45.359 and 273.446 through
			 273.448(g) and 273.453, respecting the Legislative Research Commission's block
			 grants application oversight functions and responsibilities are as follows:
(1) State administering agencies submitting
			 block grant applications to the commission shall forward one (1) complete copy
			 each of such applications to: Coordinator for Block Grants Oversight,
			 Legislative Research Commission, The State Capitol Building, Frankfort,
			 Kentucky 40601.
(2) When the
			 Kentucky General Assembly is not in session, the commission automatically shall
			 refer block grant applications as follows: Community Services, Preventive
			 Health and Health Services, Maternal and Child Health Services, Alcohol and
			 Drug Abuse and Mental Health Services, Social Services (Title XX), and Primary
			 Care Block Grants shall be referred to the Interim Joint Committee on Health
			 and Welfare; Elementary and Secondary Education Block Grants shall be referred
			 to the Interim Joint Committee on Education; Low-Income Home Energy Assistance
			 Block Grants shall be referred to the Interim Joint Committee on Energy;
			 Community Development Block Grants shall be referred to the Interim Joint
			 Committee on Cities; and Justice Assistance Block Grants shall be referred to
			 the Interim Joint Committee on Judiciary-Criminal. Block grants not falling
			 within these classifications shall be referred by the commission to the interim
			 joint committee with appropriate jurisdiction. Any committee designated herein
			 shall be construed as a "designated review body" pursuant to KRS 45.350 and
			 273.410.
(3) When the Kentucky
			 General Assembly is in session the commission automatically shall refer block
			 grant applications to the standing committees designated by the committee on
			 committees of each house. Any committee designated herein shall be construed as
			 a "designated review body" pursuant to KRS 45.350 and 273.410.
(4) Within ten (10) days of receipt of any
			 block grant application, the coordinator for block grants oversight for the
			 commission, or his designee, shall provide for statewide notice of a public
			 hearing on said application in accordance with  1 KAR 4:010, and shall notify
			 the designated review body to which the application has been referred of the
			 publication of said notice.
(5)
			 Whenever applications and supporting materials submitted to the commission are
			 incomplete or insufficient, the commission or the coordinator for block grants
			 oversight, or his designee, may request the state administering agency to make
			 available to the designated review body additional background data and
			 supporting information relating to the block grant pursuant to KRS 45.351(2),
			 273.448(h) and 273.453(1). All requests for additional materials shall be in
			 writing under the signature of the coordinator for block grants oversight, or
			 his designee, unless the commission otherwise directs and provides.
Every block grant application submitted by the state
				administering agency shall be complete in form and content as required by
				appropriate federal laws and regulations, and KRS 45.351(3).
(6) Within the first thirty (30) days from
			 the date of receipt of any block grant application, a public hearing shall be
			 held by the designated review body to which the application has been assigned,
			 and all deliberations shall be electronically recorded. The designated review
			 body to which a block grant application has been referred shall conduct the
			 public hearing on the application, except when the commission has authorized
			 the establishment of a subcommittee of said committee to conduct the public
			 hearing. All public hearings shall be restricted to the receipt of comments
			 from the public and the state agency submitting the application, and shall be
			 held in Frankfort, Kentucky.
(7)
			 Upon the request of the chairman of the designated review body to which the
			 application has been referred, the commission may authorize the establishment
			 of a subcommittee of the designated review body for the purposes of conducting
			 the public hearing and advising the designated review body on the block grant
			 application. Upon the request of the designated review body chairman, the
			 subcommittee may include three (3) members of the Interim Joint Committee on
			 Appropriations and Revenue.
(8) A
			 copy of the application as submitted to the commission shall be available for
			 public review, prior to the public hearing, in the commission's library. This
			 copy shall not be removed by unauthorized persons. One (1) copy of the
			 application under consideration also shall be available for public inspection
			 at the public hearing on the application. Copies of the application for
			 retention by the public must be obtained from the state administering agency
			 and not from the commission.
(9)
			 Public inquiries about specific proposals contained in the application,
			 including but not limited to the intent of the application and programs
			 proposed to be funded by the application, must be directed to the appropriate
			 state administering agency, and shall not be directed to the commission or its
			 staff. Responses to such public inquiries are solely within the purview and
			 responsibility of the state administering agency submitting the application.
			 Copies of any public inquiry on any block grant application and responses
			 thereto shall be submitted by the state administering agency to the Coordinator
			 for Block Grants Oversight prior to the commission's public hearing on such
			 application.
(10) Transcriptions of
			 hearings shall not be made unless the commission so directs. When a
			 transcription is requested and approved by the commission, the requesting party
			 shall reimburse the commission for its total costs for making such
			 transcription.
(11) Within sixty
			 (60) days from the date the application is received by the commission, the
			 designated review body shall complete its review of the application in
			 accordance with the criteria specified in KRS 45.353(2) and shall make an
			 affirmative finding of fact to the commission on the proposed use and
			 distribution of funds to be provided in the application.