reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0216 - EMPLOYMENT DISCRIMINATION: PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Office of Administrative Hearings
					 is the designated entity for deferral of all claims alleging race, color, sex,
					 religion or national origin discrimination in employment, or retaliation for
					 opposition to such alleged discrimination, filed by previous and current state
					 employees or applicants for state employment who were or are subject to
					 N.C.G.S. Section
					 126-16 and Article 8 of Chapter
					 126, which have been filed within the time limits set forth in N.C.G.S. Section
					 126-38. Claimants filing pursuant
					 to this Section must follow the procedures contained in 26 NCAC Chapter 4.
					 Claims alleging discrimination on the basis of handicap shall also be filed
					 with the EEOC District Director at 5500 Central Avenue, Charlotte, N.C. 28212
					 within 180 days following the alleged discriminatory action. Employees who do
					 not work for the state, and applicants for non-state employment may also file
					 discrimination claims, but they shall do so at their local EEOC office within
					 180 days following the alleged discriminatory action.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1;
45
					 C.F.R., Parts 80, 84, 91 and 1321;
Eff. October 1,
					 1988;
Amended Eff. April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0301 - AREA PLAN CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall periodically set forth the format,
					 criteria for approval, and instructions for the development and submission of
					 the area plan and for development and submission of annual updates to the area
					 plan.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0302 - CONTRACTING FOR ADMINISTRATIVE FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
An area agency may contract for the performance of certain
					 functions and responsibilities but such contractual arrangements shall not be
					 utilized as a substitute for adequate staffing. Prior approval of the Division
					 of Aging is required for such contractual arrangements.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0303 - DIRECT SERVICE DELIVERY BY AN AAA

Current through Register Vol. 39, No. 2, July 15, 2024
An area agency shall not deliver services directly unless
					 it receives approval from the Division of Aging. An area agency proposing to
					 deliver services for the aging directly shall notify the Division of Aging of
					 its desire to do so by letter before submission of the area plan. The Division
					 shall notify the area agency of its approval or disapproval by letter. The area
					 plan subsequently submitted shall reflect the Division of Aging decision,
					 including a description of how the area agency will deliver services directly
					 if the division decides favorably on the request. If Division of Aging approval
					 for direct delivery of services is granted, the AAA shall maintain such
					 approval on file.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
					 45 C.F.R., Chapter XIII, Part 1321;
Eff. October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0304 - PUBLIC HEARINGS ON AAA PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  AAA shall follow the area plan public hearing procedures required by the
				  Division and the Older Americans Act federal regulations.
(b) In addition, the AAA shall apply the
				  following standards in the conduct of its public hearing.
(1) Public notice shall be given at least two
				  weeks before the hearing.
(2) The
				  public hearing shall be scheduled to allow sufficient time for review of the
				  area plan by the advisory council prior to the date of the public
				  hearing.
(3) Notice of the public
				  hearing shall be publicized through widely circulated newspapers or other forms
				  of public media.
(4) Notice of the
				  public hearing shall be published in a language other than English, when deemed
				  appropriate by the AAA or the Division of Aging.
(5) Notice of the public hearing shall be
				  provided to appropriate services providers, nutrition providers, organizations
				  of older persons, and other public and private agencies in the planning and
				  service area.
(6) The public
				  hearing shall be scheduled at a convenient time and location to ensure maximum
				  attendance by interested parties, including representatives of advisory
				  councils to the area agency and to the local nutrition projects and older
				  persons.
(7) A complete copy of the
				  area plan shall be available for review by the general public at the office of
				  the area agency prior to and after the public hearing.
(8) Summaries of major components of the area
				  plan, including a program description, objectives, action plans, and resource
				  allocation plans, shall be available prior to and during the public
				  hearing.
(9) The formula or other
				  methods used to distribute aging funds, within Division of Aging guidelines,
				  among service providers shall be available at the public hearing.
(10) Procedures for review and analysis of
				  comments received at the public hearing shall be established and described in
				  writing.
(11) Summaries of the
				  comments made at the public hearing shall be available at the office of the
				  area agency after the public hearing.
(12) All records of the public hearing shall
				  be on file at the area agency as a part of the official area plan
				  file.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0305 - AREA PLAN SUBMISSION: REVIEW AND APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The area plan, or annual updates, shall be submitted to the Division of Aging
				  in accordance with the schedule and procedures established by the Division. In
				  developing the area plan, the AAA shall allow sufficient time for the
				  completion of the A-95 review process.
(b) The following schedule outlines the
				  process for review and approval of area plans or annual updates:
(1) The Division of Aging shall notify all
				  AAAs at least 90 days before the area plan is due into the Division of Aging
				  office. This notice shall include the transmittal of the required area plan
				  format, the Division of Aging criteria for area plan approval and instructions
				  for developing the area plan.
(2)
				  Area plans, whether for initial or continuation funding, are due into the
				  Division of Aging 90 days prior to the beginning date of the planned funding
				  period.
(3) Division of Aging staff
				  reviews, and requests for revisions in area plans when necessary, shall be
				  completed 60 days before the beginning date of the planned funding
				  period.
(4) Final area plan
				  revisions shall be submitted to the Division of Aging at least 40 days prior to
				  the beginning date of the planned funding period.
(5) A notification of grant award (NGA) shall
				  be completed by the Division of Aging 15 to 20 days prior to the beginning date
				  of the funding period.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0300 - AREA AGENCIES ON AGING › Section 05C .0306 - STAFFING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An area agency
				  shall employ an individual qualified by education and experience to administer
				  the areawide program. The area administrator shall devote full-time solely to
				  activities on aging.
(b) No AAA
				  shall be allowed to operate without an area administrator (even if an acting
				  area administrator is appointed) for an extended period of time. If an AAA does
				  operate without an area administrator for more than 90 days, the project shall
				  be subject to suspension or termination.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
45 C.F.R., Chapter XIII, Part 1321;
Eff. October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0400 - ALLOCATIONS › Section 05C .0401 - EXPIRED - COUNTY ORGANIZATION ON AGING FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0400 - ALLOCATIONS › Section 05C .0402 - EXPIRED - PROJECT INCOME FROM STATE FUNDED PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0400 - ALLOCATIONS › Section 05C .0403 - RESPITE CARE

Current through Register Vol. 39, No. 2, July 15, 2024
The respite care service funded with Social Services Block
					 Grant funds and administered by the Division of Aging shall be operated in
					 accordance with requirements contained in Chapter 738, Section 101 of the 1987
					 Session Laws of the North Carolina General Assembly.
Authority
					 G.S.
					 143B-153; Chapter 738, 1987 Session
					 Laws;
Eff. August 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0400 - ALLOCATIONS › Section 05C .0404 - INTRASTATE FUNDING FORMULA

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The intrastate funding formula shall apply to funding allocated to Area
				  Agencies on Aging under the Older Americans Act,
				  20 U.S.C.
				  1008a et seq and
				  45 C.F.R.
				  1321.37, which are adopted by reference
				  pursuant to
				  G.S.
				  150B-14(c), and through
				  state appropriations for aging services, where use of the formula is
				  specified.
(b) The Director of the
				  Division of Aging shall determine the portion of the award that shall be
				  designated as base funding and an equal share of this funding shall be
				  allocated to each Area Agency.
(c)
				  Of remaining federal and state funds, a proportional share for each Area Agency
				  will be determined as follows:
(1) Fifty
				  percent of the funds will be distributed to areas based on the area's
				  proportion of the state's population 60 years of age and older.
(2) Thirty percent of the funds will be
				  distributed to areas based on the area's proportion of the state's population
				  60 years of age and older who live at or below the federally defined poverty
				  level.
(3) Ten percent of the funds
				  will be distributed to areas based on the area's proportion of the state's
				  minority population 60 years of age and older.
(4) Ten percent of the funds will be
				  distributed to areas based on the area's proportion of the state's rural
				  population 60 years of age and older as defined by the Bureau of the
				  Census.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0100 - GRANT/CONTRACT IMPLEMENTATION › Section 05D .0101 - GRANT AWARD NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The division shall establish forms and instructions needed
					 to ensure that all state and federal grant award notification and budget
					 requirements are met.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0100 - GRANT/CONTRACT IMPLEMENTATION › Section 05D .0102 - CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
The division shall carry out all contractual agreements in
					 accordance with department and other state requirements.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0100 - GRANT/CONTRACT IMPLEMENTATION › Section 05D .0103 - BUDGET REVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  policies and procedures shall govern all proposed budget revisions of Older
				  Americans Act programs and other grantees or contractors under the Division of
				  Aging.
(b) Conditions Requiring
				  Budget Revisions. During the operation of Older Americans Act or other assisted
				  projects, various aspects of program operation shall require flexibility to
				  adapt to changes. For example, fluctuations in the anticipated rate of
				  expenditures may occur or additional funds may be received from various
				  sources. These types of changes may require an approved budget revision. The
				  requirements for approval of a budget revision depend on the title under which
				  funds are provided and the type of grantee or contractor involved. The
				  following conditions shall apply:
(1) Title
				  III
(A) Revisions in a contractor's
				  individual service budget under an approved area plan shall be approved by the
				  AAA. This approval is sufficient if the change does not modify the total
				  budgeted amount of each specific service, i.e., the change only modifies
				  categories within the service budget but not the total amount of the service
				  budget. However, if the total amount of the service budget will be changed, the
				  AAA shall submit a budget change request to the Division of Aging for its
				  approval.
(B) If the AAA has been
				  granted approval to provide direct service, a proposed change in the total
				  budget for that service component shall require Division of Aging approval
				  while a change that is only internal and does not affect the total may be
				  approved by the AAA. In addition, such approval is subject to G.S. Chapter 159,
				  North Carolina's Local Government Fiscal Control Act which requires that all
				  budget revisions shall be approved by the AAA's board of directors. Auditors
				  and Division of Aging monitors shall check board meeting minutes to verify
				  compliance with this requirement.
(C) Any proposed change in the use of funds
				  provided for planning and administration functions shall be approved by the
				  Division of Aging. This provision applies to both internal or total budget
				  changes.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0100 - GRANT/CONTRACT IMPLEMENTATION › Section 05D .0104 - PROGRAM AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  policies and procedures apply to all OAA and other program grantees of the
				  Division of Aging with regard to the need for and submission of program
				  amendments or program changes to approved area plans or related project
				  applications, which are covered under Section 204 of the Division's "Manual of
				  Policies and Procedures."
(b)
				  Program Amendments
(1) Conditions Requiring
				  Program Amendments
(A) Whenever a
				  "substantive" change in the content or administration of an area plan is
				  proposed, the area plan shall be amended according to the provisions of this
				  Section.
(B) A "substantive" change
				  is one in which:
(i) a new or amended state
				  or federal statute or regulation requires a new provision, or conflicts with
				  any existing plan revision;
(ii) a
				  U.S. Supreme Court decision changes the interpretation of a statute or
				  regulation;
(iii) the area agency
				  proposes to change the designation of the single organizational unit or
				  component unit;
(iv) the area
				  agency proposes to add, substantially modify, or delete any area plan
				  objective(s); or
(v) the Division
				  of Aging requires further annual amendments.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0200 - OBTAINING FUNDS › Section 05D .0201 - REQUESTS FOR FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Federal funds under the Older Americans Act are awarded by
					 the administration on aging to the state. The Division of Aging, the single
					 unit on aging for the State of North Carolina, distributes all payments to
					 grantees. The Division of Aging has established a system for disbursing Older
					 Americans Act funds to grantees which is based upon requests from each grantee.
					 Requests must be based on actual cash needs. The Division of Aging's request
					 and payment system is described below:
(1) Requests may be made on a reimbursement
				  or an advance basis, except for USDA cash reimbursement which is made only as a
				  monthly reimbursement. Normally, requests are made monthly. Advances may be
				  made for only one month at a time.
(2) To request funds, a grantee must complete
				  a "Request for Payment of Federal Funds" form.
(3) In completing the appropriate "request
				  for payment" form, each grantee shall carefully evaluate its cash needs. Both
				  its cash requirements and cash balance on hand should be considered in
				  analyzing the amount of funds actually necessary, as opposed to requesting 12
				  equal payments during the year. If a request appears inconsistent with the need
				  for funds, the Division of Aging may require an adjustment in the amount of the
				  request.
(4) Requests for payment
				  shall be completed and sent to the Division of Aging by the tenth working day
				  of each month. If a request is late in arriving at the Division of Aging,
				  payment may be delayed until the following month unless the delay was due to
				  circumstances beyond the control of the grantee.
(5) The Division of Aging shall examine each
				  grantee's performance and fiscal reports prior to payment of funds. If
				  significant differences from the approved area plan are noted, payment will be
				  delayed until the differences are resolved.
(6) Funds disbursed to grantees by the
				  Division of Aging shall be deposited and handled according to the accounting
				  procedures and standards specified by the Division.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. September 1, 1978;
Amended Eff. May 1, 1990; October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0200 - OBTAINING FUNDS › Section 05D .0202 - MATCHING FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a grantee
				  requests Older Americans Act funds, or other Division administered funds, the
				  grantee shall have on deposit the non-federal cash amount required to match the
				  federal or state funds being specifically requested at the time the request is
				  received, less any matching funds or in-kind provided by the State. In-kind
				  used by the grantee as match shall also be documented at the time the requested
				  funds are received.
(b) The
				  matching requirements for state funded programs is at least 50 percent cash,
				  with the remainder as eligible in-kind or cash or any combination
				  thereof.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. September 1, 1978;
Amended Eff. April 1, 1990; October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0300 - EXPENDING PROJECT FUNDS › Section 05D .0301 - GENERAL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
The following general policies and procedures for
					 expenditure of Older Americans Act funds will apply:
(1) Approved notification of grant awards
				  will specify the maximum amount of Older Americans Act assistance which a
				  grantee is eligible to receive. No additional grant funds beyond the amount
				  specified on the notification of grant award will be available to the grantee
				  unless additional funds are available to the Division of Aging, a budget
				  revision request is submitted to the division and subsequent notification of
				  grant award is executed by the division and the grantee.
(2) If at any time during the year the
				  Division of Aging determines that Older Americans Act funds are being expended
				  improperly, the division may require the grantee to cease incurring costs under
				  the Older Americans Act. Ineligible or other improper expenditures must be
				  reimbursed to the Division of Aging. Under such conditions, the division will
				  notify the grantee regarding the action being taken, the reasons for the
				  division's actions, and the conditions and time framework for corrective
				  procedures to be made.
(3) Funds
				  shall be committed by a project only during the approved budget year, as
				  specified on the approved notification of grant award. All funds shall be
				  disbursed within 90 days after the end of the budget year. In addition, all
				  grantees and contractors of grantees shall meet the Local Government Fiscal
				  Control Act, G.S. Chapter 159.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0300 - EXPENDING PROJECT FUNDS › Section 05D .0302 - EXPIRED - TRAVEL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. September 1, 1978;
Amended Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0300 - EXPENDING PROJECT FUNDS › Section 05D .0303 - VOLUNTEER IN KIND

Current through Register Vol. 39, No. 2, July 15, 2024
Volunteer time provided by employees of a grantee or a
					 contractor are not allowable as in-kind contribution toward the matching share
					 of grant or contract.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 November 14, 1980;
Amended Eff. April 1, 1990;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0400 - REPORTING › Section 05D .0401 - REQUIRED REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division will develop and implement forms and
					 instructions which grantees must utilize in reporting program and financial
					 information.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. September 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0400 - REPORTING › Section 05D .0402 - FREQUENCY OF REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
The division will require all grantees to submit financial
					 and programmatic reports in a timely manner. Schedules for grantee report
					 submissions must provide the Division with ample time to compile and transmit
					 all appropriate report data to the administration on aging or other interested
					 parties.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
Eff. September 1, 1978;
Amended Eff. April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0500 - MONITORING/ASSESSMENT/EVALUATION › Section 05D .0501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Division will carry out all required monitoring,
					 assessment and evaluation activities in order to ensure grantee adherence to
					 all applicable laws, regulations, and operating procedures.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0500 - MONITORING/ASSESSMENT/EVALUATION › Section 05D .0502 - SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging will assess grantee agency operations
					 on an annual basis.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Amended Eff. April 1, 1990;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0600 - GENERAL REQUIREMENTS › Section 05D .0601 - AUDITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Division of Aging Audits
(1) The Department of Health and Human
				  Services (DHHS) shall generally conduct an audit of area agencies and grantees
				  and contractors who are recipients of Titles III-B and III-C funds. Beginning
				  in Fiscal Year 1980, DHHS shall conduct audits of Title IV-A, Title V, and
				  state funds grantees.
(2) DHHS
				  shall establish a schedule for conducting its audits as early as possible after
				  the start of each fiscal year and will notify grantees of proposed audit dates.
				  Special instructions, where appropriate, will be issued at this time.
(3) The DHHS audit shall comply with the
				  federal and state standards as reprinted in the "Manual of Policies and
				  Procedures", and will fulfill all requirements of grantees receiving Division
				  of Aging assistance.
(4) Because of
				  time and financial constraints, DHHS may not be able to audit all of the
				  Division of Aging grantees cited above. If it appears that DHHS is not able to
				  audit a particular grantee, the grantee will be instructed to obtain an
				  independent audit using a CPA firm or other approved audit
				  organization.
(5) A grantee who
				  wishes to use an independent auditor (i.e., not use the DHHS audit) shall
				  obtain prior approval from the Division of Aging.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter D - GRANTS ADMINISTRATION › Section .0600 - GENERAL REQUIREMENTS › Section 05D .0602 - SUSPENSION/TERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  may for reasonable cause suspend or terminate the use of Title III or other
				  Division administered funds by a grantee. Reasonable cause shall be related to
				  the lack of grantee compliance with the terms of the grant award, as well as
				  related rules, regulations, policies and procedures.
(b) Any request for a hearing regarding
				  suspension or termination of funds shall follow the hearing process required by
				  federal regulations and state statute and reprinted in Section 200 of the
				  Division's "Manual of Policies and Procedures".
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 150A-27-37;
					 45 C.F.R.
					 1321.51;
Eff. September 1,
					 1978;
Amended Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0101 - DIVISION HEARINGS IN GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The state Division of Aging has established a decision review process whereby
				  certain persons aggrieved by an Area Agency on Aging final decision, who have
				  exhausted local administrative remedies, who can demonstrate injury in fact,
				  and whose petition contains the necessary facts to establish subject matter
				  jurisdiction, may petition the state Division of Aging for a decision review
				  hearing in accordance with and subject to these Rules and other recognized
				  common law principles of judicial economy and restraint.
(b) Pursuant to federal statutes and
				  regulations, the state Division of Aging has also established a decision review
				  process whereby aggrieved Area Agencies on Aging, and eligible applicants
				  denied designation as planning and service areas, may petition the state
				  Division of Aging for a decision review hearing in accordance with and subject
				  to these Rules.
(c) The Rules of
				  Civil Procedure as contained in
				  G.S.
				  1A-1 and the General Rules of Practice for
				  the Superior and District Courts as authorized by
				  G.S.
				  7A-34 and found in the Rules Volume of the
				  North Carolina General Statutes shall not apply in any hearings held by the
				  state Division of Aging unless another specific statute or rule provides
				  otherwise. Division of Aging hearings are not hearings within the meaning of
				  G.S. Chapter 150B and will not be governed by the provisions of that Chapter
				  unless otherwise stated in these Rules. Parties may be represented by counsel
				  at all stages of the hearing process.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5); 45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0103 - COMMENCEMENT OF A DIVISION HEARING: PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to commence an administrative decision review hearing with the Division,
				  a petition must be filed in accordance with these Rules. The petition must be
				  in writing, and must be signed by the aggrieved person submitting the petition
				  or by the person's designated representative. A petition must contain the name,
				  address and phone number of the petitioner, as well as his representative if
				  one is designated. If a representative is designated, notice of meeting dates,
				  requests for information, hearings decisions, etc. will be sent to the
				  representative rather than the aggrieved person, unless the petition otherwise
				  requests. The party who files a petition shall simultaneously serve a copy of
				  the petition on all other parties and shall file a certificate of service
				  together with the petition. Any petition filed by a party other than an agency
				  shall be verified or supported by affidavit and shall state specific facts
				  which tend to establish that the respondent has substantially prejudiced the
				  petitioner's rights and has failed to act as required by law, rule or
				  procedure.
(b) In addition to any
				  pertinent requirements stated elsewhere in these Rules, a petition filed with
				  the state Division of Aging must contain specific factual allegations which
				  tend to establish that the petitioner is:
(1)
				  a service provider whose contract or subgrant under an area plan has been
				  terminated by an Area Agency on Aging in violation of applicable federal or
				  state statutes, rules, policies or procedures, or Area Agency protest
				  procedures; or
(2) an eligible
				  applicant who seeks to provide service under an area plan and whose application
				  has been denied or rejected by an Area Agency on Aging in violation of
				  applicable federal or state statutes, rules, policies or procedures, or Area
				  Agency protest procedures; or
(3)
				  an applicant eligible for designation as a planning and service area in the
				  state whose application has been denied by the state Division of Aging;
				  or
(4) an Area Agency on Aging
				  whose area plan or plan amendment intends to be disapproved or whose
				  designation intends to be withdrawn by the state Division of Aging;
				  or
(5) a service recipient who has
				  been discriminated against in violation of federal or state law on the basis of
				  age, race, color, national origin, sex, religion or handicap in regard to
				  delivery of Older Americans Act services by a contractor or subgrantee, or in
				  regard to administration of such services by an Area Agency on Aging.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0104 - NOTICE OF FILING: NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of a timely petition for an administrative
					 decision review hearing, the Division Hearing Officer shall promptly notify all
					 parties of receipt of such filing, and shall arrange with the parties a time,
					 date and place of hearing. Notice of the time, date and place of hearing shall
					 be served on all parties not less than 15 days prior to the date of
					 hearing.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0105 - ANSWERS TO THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A respondent
				  who is served notice of filing of a petition shall file a written response to
				  the petition and shall serve a copy of such response with certificate of
				  service upon all other parties within 15 days after service of notice. The
				  written answer may be submitted in lieu of a personal appearance at the
				  hearing. If the respondent desires to file an answer in lieu of appearance, he
				  must designate such on the face of the answer.
(b) Answers shall respond to each allegation
				  of the petition, and may contain defenses, assertions of fact, and citations to
				  applicable laws, rules and procedures. Failure to respond thoroughly to a
				  timely and valid petition shall be grounds for admission of facts contained in
				  the petition. The validity and timeliness of the petition may be contested in
				  the answer.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0106 - DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
All documents required to be filed pursuant to these Rules
					 shall likewise be served on all other parties by the filing party. The original
					 of every document filed shall be endorsed with a certificate of service signed
					 by the party making the service or by his designated representative, stating
					 that such service has been made, the date of service, and the manner of
					 service.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5); 45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0107 - VENUE

Current through Register Vol. 39, No. 2, July 15, 2024
Venue shall be in any county which the Hearing Officer
					 determines in his discretion will promote the ends of justice or better serve
					 the convenience of the parties and witnesses.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0108 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Parties may
				  exchange information voluntarily with one another without making formal request
				  for discovery. Such provision and exchange of information shall be completed by
				  5:00 p.m. on the day preceding the date of hearing.
(b) Upon request of a party or on his own
				  motion, the Hearing Officer may allow the parties any or all of the methods of
				  discovery provided in the Rules of Civil Procedure,
				  G.S.
				  1A-1. The Hearing Officer may extend or limit
				  the time of discovery as necessary, but in no case shall discovery continue
				  past 5:00 p.m. on the day immediately preceding the date of hearing.
(c) Failure to respond to an authorized
				  discovery request shall be grounds for denial of review, admission of facts or
				  other sanction as determined by the Hearing Officer.
(d) Motions for discovery may be made by a
				  party or designated representative in writing or by phone to the Division
				  Hearing Officer. The Hearing Officer shall rule on motions for discovery and
				  notify the parties promptly of his decision. Parties may object to discovery
				  motions orally or in writing.
(e)
				  Discovery shall be directly related to the issues and shall not be unduly
				  burdensome or be used to delay the proceedings.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0109 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever
				  material matters of fact are in dispute as stated in the petition, factual
				  evidence and expert opinion testimony related to the issues may be presented at
				  the hearing. Petitions which do not contain disputed material facts or whose
				  disputed material facts have all been resolved by stipulation, etc. may be
				  reviewed and written decision issued by the Hearing Officer without necessity
				  of a hearing. In such case, a party or the party's representative may make a
				  written motion for summary decision which shall include written arguments as to
				  the applicable laws, rules, policies and procedures. The Hearing Officer may
				  also require submission of such written arguments any time he determines that
				  no material facts are in dispute, and may then render his decision
				  accordingly.
(b) Parties shall be
				  entitled to present evidence, examine and cross-examine witnesses at the
				  hearing. A witness may be cross-examined on any matter material to the
				  proceeding without regard to the scope of his direct examination. Irrelevant,
				  immaterial, unreliable and unduly repetitious evidence shall, upon objection by
				  a party or designated party representative, be excluded at the discretion of
				  the Hearing Officer. Hearsay, whether written or spoken, is likewise excludable
				  except for recognized legal exceptions. Objections to evidence shall be timely
				  and briefly state the grounds relied upon.
(c) When evidence is alleged to be of a
				  confidential nature, the Hearing Officer may examine such evidence in camera,
				  at his discretion, if necessary to preserve its confidentiality.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0110 - TESTIMONY: WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
All oral testimony at the hearing shall be under oath or
					 affirmation and shall be recorded. Any party may be a witness and present
					 witnesses on the party's behalf at the hearing. When in his determination it is
					 necessary, the Hearing Officer may exclude witnesses from the hearing room so
					 that they cannot hear the testimony of other witnesses.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0111 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
Although the Division Hearing Officer will not issue
					 subpoenas for a proceeding, he may issue requests either orally or in writing
					 that a person appear at the hearing to testify and/or to supply documentary
					 evidence. Parties and witnesses who fail to appear at a hearing or who fail to
					 produce evidence at the request of the Hearing Officer may jeopardize claims
					 and defenses.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0112 - PREHEARING STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Hearing Officer may serve all parties with an Order for
					 Prehearing Statements. The parties thus served shall file the requested
					 statements within 15 days of service, setting forth the following:
(1) a list of facts, conclusions, and
				  exhibits to which the party will stipulate;
(2) a list of proposed witnesses with a brief
				  description of each witnesses' proposed testimony;
(3) a description of what discovery, if any,
				  the party will seek to conduct prior to the hearing and an estimate of the time
				  needed to complete discovery;
(4)
				  any other matters the Hearing Officer deems necessary.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.