New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.3 - Grounds for funding action

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Future funding action. A grantee's application for future CSBG funding may be
				permanently rejected when there has been (1) substantial failure, or (2)
				repeated or successive failure, by a grantee to comply with any provision of
				(i) law, (ii) rule, regulation or program instruction issued by the department,
				or (iii) a term or condition of a current or prior CSBG entitlement contract
				with the department. The ground for substantial failure under this subdivision
				shall include the abandonment by a grantee of the services to be performed
				under a CSBG entitlement contract, in whole or in part, for a previous fiscal
				year in accordance with subdivision (b) or (c) of his section. In the absence
				of unusual circumstances, an application for future CSBG funding shall not be
				rejected for this cause unless the department has given the grantee notice, as
				set forth in section
				700.4 of this Part, of one or more
				of the two grounds for rejection and reasonable opportunity to take effective
				corrective action.
(b) Present
				funding action. A CSBG entitlement contract may be permanently terminated, in
				whole or in part, for cause, when there has been (1) substantial failure, or
				(2) repeated or successive failure, by a grantee to comply with a provision of
				(i) law, (ii) rule, regulation or program instruction issued by the department,
				or (iii) a term or condition of a current or prior CSBG contract with the
				department. The ground for substantial failure under this subdivision shall
				include the abandonment by a grantee of the services to be performed under a
				CSBG entitlement contract, in whole or in part. Failure of the grantee to
				resume performance of the services abandoned under a CSBG entitlement contract,
				within 20 days after receipt of a notice of funding action in accordance with
				section 700.4 of this Part, on the ground
				of substantial failure by abandonment, shall be deemed refusal by such grantee
				to take effective corrective action. In the absence of unusual circumstances, a
				CSBG entitlement contract shall not be permanently terminated, in whole or in
				part, for this cause unless the Department has given the grantee notices as set
				forth in section
				700.4, of one or more of the two
				grounds for permanent termination and reasonable opportunity to take effective
				corrective action.
(c) Contract
				suspension funding action. A CSBG entitlement contract may be suspended, in
				whole or in part, for cause, when there has been (1) substantial failure, or
				(2) repeated or successive failure, by a grantee to comply with a provision of
				(i) law, (ii) rule, regulation or program instruction issued by the department,
				or (iii) a term or condition of a current or prior CSBG entitlement contract
				with the department. The ground for substantial failure under this subdivision
				shall include the abandonment by a grantee of the services to be performed
				under a CSBG entitlement contract. Failure of the grantee to resume performance
				of the services abandoned under a CSBG entitlement contract, within 20 days
				after receipt of a notice of funding action in accordance with section
				700.4 of this Part, on the ground
				of substantial failure or abandonment shall be deemed refusal by such grantee
				to take effective corrective action. In the absence of unusual circumstances, a
				CSBG entitlement contract shall not be suspended, in whole or in part, for this
				cause unless the department has given the grantee notice as set forth in
				section 700.4, of one or more of the two
				grounds for suspension and reasonable opportunity to take effective corrective
				action.
(d) This Part does not
				apply to:
(1) terminations or reductions, in
				whole or in part, of present or future CSBG funding, which are required by or
				will implement a provision of Federal or State law; or
(2) contract payments made in accordance with
				State Finance Law, article XI-A, as amended, also commonly referred to as the
				Prompt Payment Law; or
(3) demand
				for reimbursement by the department for disallowed costs when a grantee has
				received payment of CSBG funds under a CSBG entitlement contract; or
(4) Audit resolution process.