reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter A - GENERAL PROVISIONS › Section 97A .0101 - FUNCTIONS AND RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The functions and responsibilities of the Office of Economic
				  Opportunity, hereinafter referred to as Office include:
(1) to maintain a continuing review of
				existing programs and unmet needs for the poor in the State of North Carolina,
				and periodically make recommendations for improvements in and additions to
				North Carolina's programs for the low-income citizens to the Secretary of the
				Department of Natural Resources and Community Development, hereinafter referred
				to as the Department, to the Governor, and to the General Assembly, as
				appropriate;
(2) to study, collect,
				maintain, publish, and disseminate factual data and pertinent information
				relative to all aspects of poverty;
(3) to stimulate, inform, educate, and assist
				local organizations (public and private) and the community at large about
				poverty, including needs, resources, and opportunities, and about the role
				low-income people themselves can play in improving conditions for the
				poor;
(4) to give priority to
				mobilization and coordination of anti-poverty resources, particularly at the
				state level;
(5) to act as special
				advocate for the poor in state government by such activities as: working for
				representation of the poor in state government, and assessing state poverty
				programs and administrative procedures;
(6) to provide a broad range of technical
				assistance and training to the staff and governing bodies of grant
				recipients;
(7) to serve as the
				agency through which various public and private organizations concerned with
				poverty can exchange information, coordinate programs, and be encouraged and
				assisted to engage in joint endeavors;
(8) to provide advice, information, and
				technical assistance to North Carolina state government departments and
				agencies, to non-governmental organizations, and to local organizations which
				may be considering the inauguration of services, programs, or facilities for
				the poor, or which can be stimulated to take such action;
(9) to identify research needs, encourage
				research, and assist in obtaining funds for research and demonstration
				projects;
(10) to establish, or
				help to establish, demonstration programs or services for the poor;
(11) to assist in the development and
				operation of programs aimed at addressing the unmet needs of poor
				persons;
(12) to plan and
				administer the Community Services Block Grant in conformance with federal and
				state regulations; and
(13) to
				administer special state allocations or other funds for the poor assigned to
				the Office by the state.
Authority
				  G.S.
				  143-323(d);
				  143B-10;
				  143B-277;
Eff. March
				  2, 1979;
Amended Eff. December 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 25,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter A - GENERAL PROVISIONS › Section 97A .0102 - EXPIRED - HOW TO CONTACT THE OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10(b);
Eff.
				  March 2, 1979;
Amended Eff. December 1, 1983;
Pursuant
				  to G.S.
				  150B-21.3A, rule Expired May 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0100 - GENERAL PROVISIONS › Section 97B .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this and subsequent Subchapters, the
					 following definitions apply:
(1) Grant
				  Agreement. The agreement between the Department and a grant recipient, whereby
				  funds are provided to carry out specified projects, services or
				  activities.
(2) Individual
				  Applicant. A person who applies to a grant recipient for funds or
				  services.
(3) Non-Profit
				  Organization. Any corporation, foundation, trust, association, cooperative or
				  other organization other than:
(a) educational
				  institutions;
(b) hospitals;
				  and
(c) state and local government
				  agencies, bureaus or departments which are operated primarily for scientific,
				  educational, service, charitable, or similar purposes in the public interest,
				  which is not organized primarily for profit, and which uses all income
				  exceeding costs to maintain, improve and/or expand its operation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0100 - GENERAL PROVISIONS › Section 97B .0102 - WAIVERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary of the Department may waive any requirement
					 of this Chapter not required by federal and state laws and rules whenever he
					 determines that undue hardship to grant recipients or program participants will
					 result from applying the requirement and where application of the requirement
					 would adversely affect the purposes of the applicable legislation and
					 regulations.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
Eff. March
					 2, 1979;
Amended Eff. October 1, 1984; December 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0100 - GENERAL PROVISIONS › Section 97B .0103 - APPLICABILITY OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
All grant recipients administering any programs operated by
					 the Office are subject to the provisions of this Subchapter, unless
					 specifically exempted in this Subchapter or subsequent
					 Subchapters.
Authority
					 G.S.
					 143-323(d);
					 143B-10;
					 143B-276;
					 143B-277;
Eff.
					 October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0200 - APPLICATION FOR ASSISTANCE › Section 97B .0201 - SUBMISSION OF APPLICATION FOR FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
All applications for support to the Office shall be
					 submitted to the Office on a format prescribed by the Office. The specific
					 procedures applicable for each program are set forth in subsequent
					 subchapters.
Authority
					 G.S.
					 143-323(d);
					 143B-10;
					 143B-276;
Eff.
					 December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0200 - APPLICATION FOR ASSISTANCE › Section 97B .0202 - REVIEW AND APPROVAL OF APPLICATIONS FOR FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To receive
				  funds, each grant recipient must sign a grant agreement with the Department
				  which will incorporate various terms and conditions, including:
(1) work program;
(2) approved budget; and
(3) assurance of compliance with applicable
				  laws and regulations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0200 - APPLICATION FOR ASSISTANCE › Section 97B .0203 - CERTIFICATION AND COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
All applicants shall certify to the Office that they will
					 comply with all applicable federal and state laws, regulations, rules, and
					 Executive Orders. The following certifications, where applicable, shall be
					 included in all applications:
(1) The
				  applicant must certify to carry out its programs in compliance with the
				  following federal laws and Executive Orders:
(a) The Age Discrimination Act of 1975, as
				  amended (42 U.S.C. Section
				  6101 et. seq.).
(b) Section 504 of the Rehabilitation Act of
				  1973, as amended (29 U.S.C.
				  Section 794).
(c) The Davis Bacon Act (46 U.S.C. Section
				  276a).
(d) The National Environmental Policy Act of
				  1969 (42 U.S.C. Section
				  4321 et. seq.).
(e) The Hatch Act (P.L.
				  76-252).
(f) The Civil Rights Act of 1964
				  (P.L.
				  88-352).
(g) The Civil Rights Act of 1968
				  (P.L.
				  90-284).
(h) The Federal Fair Labor Standards Act
				  (29 U.S.C. Section
				  201 et. seq.).
(i) Title XX of the Education Amendments of
				  1972.
(j) Other applicable federal
				  laws, Executive Orders and Regulations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0300 - PUBLIC ACCESS CONFIDENTIALITY AND DISCLOSURE OF INFORMATION › Section 97B .0301 - PUBLIC ACCESS TO INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Grant
				  recipients must provide access to any books, documents, records, and other
				  information which is requested by the public which is not otherwise required to
				  be confidential as defined in Rule .0302 of this Section.
(b) Each applicant for programs administered
				  by the Office shall develop and maintain policies and procedures that meet the
				  following minimum requirements:
(1) All
				  appropriate information will be made available at the time and date agreed upon
				  by the requestor and the grant recipient. The grant recipient will provide
				  space for all requestors to review such information. No information provided to
				  requestors for review shall be removed from the grant recipient's office.
				  Copies of information made available for review may be provided to requestors
				  upon the payment of a fee established by the grant recipient to cover the cost
				  of reproduction.
(2) Requests for
				  information to be provided through the mail will be promptly honored when the
				  requested information is readily available (e.g. brochures, previously compiled
				  data, etc.). When the requested information is not readily available, the grant
				  recipient will honor the request if it is feasible to do so within staff and
				  time constraints. In cases where there will be more than a 30-day delay or when
				  the request cannot be met, the grant recipient will so notify in writing the
				  requestor.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0300 - PUBLIC ACCESS CONFIDENTIALITY AND DISCLOSURE OF INFORMATION › Section 97B .0302 - CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Private
				  grant recipients must develop and maintain procedures to ensure that no
				  information about any person is disclosed by the grant recipient in a form that
				  identifies the person without the informed consent of the person. The only
				  exception to this requirement is if disclosure is required by court order or
				  for program monitoring by the Office, authorized federal, state, or local
				  monitoring agencies.
(b) Grant
				  recipients shall ensure that no person is denied services if such person
				  refuses to provide informed consent to release personal information to other
				  agencies. The grant recipient may deny services to an individual applicant if
				  the applicant refuses to provide information needed to determine eligibility
				  for services.
Authority G.S. 132;
					 143B-10; 143B-276; 143B-277; 143-323(d);
Eff. December 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0401 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for programs funded under
					 10A NCAC
					 97C .0108(a)(1) shall
					 provide citizens with opportunity for involvement and participation in the
					 planning, implementation, evaluation, and assessment of the program. The
					 applicant shall:
(1) provide
				  information to citizens;
(2) hold a
				  public hearing at the initial stage of a multi-year planning process meeting
				  requirements of Rule .0402(3), (4), and (5) of this Section;
(3) publish a notice of intent to file an
				  application prior to the governing board's approval, as specified in Rule .0402
				  of this Section and subsequent submission of the application to the Division of
				  Social Services;
(4) allow citizen
				  participation on substantive amendments made pursuant to
				  10A NCAC
				  97C .0209 in the program; and
(5) provide an opportunity to comment on the
				  applicant's performance.
Authority
					 G.S.
					 143B-153(6);
Eff. December 1, 1983;
Amended Eff. June 1, 1985; February 1, 1985;
					 October 1, 1984;
Readopted Eff. November 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0402 - CITIZEN PARTICIPATION IN THE APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for programs funded under
					 10A NCAC
					 97C .0108(a)(1) shall
					 develop and maintain procedures that:
(1) Solicit and respond to reviews and
				  proposals of citizens, particularly poor persons, persons of ethnic or racial
				  minority, persons with disabilities as defined by the Americans with
				  Disabilities Act (ADA), and persons residing in the county or counties where
				  activities are proposed. The ADA is hereby incorporated by reference, including
				  subsequent amendments and editions, and may be accessed free of charge at
https://www.ada.gov
.Applicants shall
				  respond in writing to written objections to an application. The applicant shall
				  consider written objections made only on the following grounds:
(a) The applicant's description of the needs,
				  goals, and objectives is inconsistent with data related to the needs in the
				  county or counties where activities are proposed.
(b) The activities to be, or being,
				  undertaken are inappropriate to meeting the needs, goals, and objectives
				  identified by the applicant.
(c)
				  The application does not comply with the requirements of this Chapter, State
				  laws and rules, or federal laws and regulations.
The applicant shall respond to the party submitting the
					 written objection within 10 calendar days of receipt.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0403 - CITIZEN PARTICIPATION IN THE PROGRAM AMENDMENT PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each grant recipient funded under
				  10A NCAC
				  97C .0108(a)(1) seeking to
				  amend its plan shall respond to citizen objections in the same manner set forth
				  in Rule .0402 of this Section.
(b)
				  All amendments require prior Division of Social Services approval.
(c) The Division of Social Services shall
				  notify the grant recipient in writing as to whether or not the amendment
				  request has been approved or disapproved. During review of the request,
				  additional information may be required from the grant recipient to ensure
				  compliance with
				  10A NCAC
				  97C .0204 through
				  97C .0206.
(d) Grant recipients shall be required to
				  complete a public hearing prior to the Division of Social Services approval of
				  an amendment if:
(1) The grant recipient
				  proposes an objective or activities not included in the original work
				  plan;
(2) There is an increase or
				  decrease of total funds requested in excess of an aggregate of 10 percent of
				  the total amount of the grant agreement; or
(3) There is a transfer of funds from the
				  inception to the termination of the grant agreement between projects in excess
				  of an aggregate of five percent of the total amount of the grant agreement.
Public hearings shall be held in accordance with Rule
					 .0402(3) and (4) of this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0404 - SUBMISSION OF WRITTEN COMMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons
				  may submit written comments to the Office at any time concerning the applicant
				  or grant recipient's failure to comply with the requirements of this Chapter or
				  applicable laws and regulations.
(b) The Office shall require the applicant or
				  grant recipient to respond in writing within 10 days to written comments upon
				  receipt from the Division.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0405 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
All records of public hearings, citizens' comments,
					 responses to comments and other relevant documents and papers shall be kept in
					 accordance with Attachments C - Retention and Custodial Requirements of Records
					 of the Office of Budget and Management Circular A-102: Uniform Administrative
					 Requirements for Grants-In-Aid to State and Local Governments or Circular A-110
					 Grants and Agreements with Institutions of Higher Education, Hospitals, and
					 Other Nonprofit Organizations.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0400 - CITIZEN PARTICIPATION AND HEARINGS › Section 97B .0406 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The Office, consistent with department policies and rules,
					 codified as 15 NCAC Subchapter 1B, Section .0200, as amended effective August
					 1, 1982, will provide an opportunity for hearings, to:
(1) any grant recipient whose certification
				  of eligibility is terminated;
(2)
				  any grant recipient whose funds are terminated or suspended during the grant
				  period; and
(3) any grant recipient
				  who wishes to appeal disallowed expenditures.
Authority
					 G.S.
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0500 - DUE PROCESS FOR PERSONS DENIED SERVICES › Section 97B .0501 - PUBLICATION OF PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Grant recipients shall post notices within their service
					 area which indicate procedures available to persons who want to complain to the
					 grant recipient. Grant recipients shall post notices of the complaint
					 procedures in a conspicuous location within view of persons who participate in
					 the grant recipient's projects and programs. The Office shall monitor grant
					 recipients to assure that this policy is being implemented in an effective
					 manner.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0500 - DUE PROCESS FOR PERSONS DENIED SERVICES › Section 97B .0502 - PROCEDURES FOR MAKING APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
The grant recipient must develop an appeals procedure for
					 denial of services to person which meets the minimum requirements set forth in
					 this Rule:
(1) Provide that each person
				  who applies for and is denied services be given a brief written statement
				  indicating he/she has the right to appeal and how to go about making such an
				  appeal;
(2) Notify in writing each
				  person denied services within 10 days from date of denial. The notification
				  should include the reasons for denial of assistance, the opportunity to submit
				  additional written information which the person believes would warrant
				  favorable determination of eligibility, and the deadline for submitting this
				  information;
(3) Hold, within 7
				  days upon request of the person denied services, a hearing, at which time, the
				  applicant shall be given an opportunity to present evidence as to why the
				  denial should be over-ruled;
(4)
				  Notify in writing, within 7 days of the hearing, the person of the grant
				  recipient's decision as to whether or not the applicant is eligible for
				  services. A written description of these review proceedings shall be maintained
				  on file by the grant recipient for 3 years and be available for public
				  inspection consistent with the procedures of Rules .0301 and .0302 of this
				  Subchapter.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0600 - NON DISCRIMINATION/AFFIRMATIVE ACTION › Section 97B .0601 - EXPIRED - POLICY OF THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Amended Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired May 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0600 - NON DISCRIMINATION/AFFIRMATIVE ACTION › Section 97B .0602 - FUNCTIONS OF THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
In carrying out its responsibilities to prevent
					 discrimination, the Office shall perform the following functions:
(1) Inform and instruct Office staff
				  regarding their obligations under civil rights and other applicable
				  legislation.
(2) Require all grant
				  recipients to maintain a current, properly executed non-discrimination
				  compliance form as part of their official files. A copy of this form shall also
				  be maintained in the official files of the Office.
(3) Conduct periodic reviews, including
				  on-site visits as appropriate, of grant recipients to assure that their
				  practices are in conformity with civil rights legislation and other state and
				  federal regulations and policies, and executed statements of
				  compliance.
Authority
					 G.S.
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0600 - NON DISCRIMINATION/AFFIRMATIVE ACTION › Section 97B .0603 - GRANT RECIPIENT'S AFFIRMATIVE ACTION PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
An Affirmative Action Plan shall be submitted to the Office
					 as part of an application for funding. All grant recipients of the Office must
					 maintain an Affirmative Action Plan. The Affirmative Action Plan shall contain
					 the elements listed in this Rule. These elements shall serve as criteria for an
					 evaluation of the plan by the Office and the grant recipient. The elements
					 are:
(1) a statement of agency policy
				  relative to providing equal employment opportunity;
(2) measurable and attainable goals relative
				  to employment and upgrading of minorities, women, the physically handicapped,
				  which take into account expansion, reduction, and turnover of staff;
(3) specific action steps and timetables to
				  assure equal employment opportunity, including identification of the
				  organizational units or individuals responsible for carrying out the steps to
				  achieve the goals;
(4) an analysis
				  of current staffing patterns;
(5)
				  provision for training and upgrading of skills of staff to ensure upward
				  mobility;
(6) a description of
				  continuing outreach efforts designed to reach and serve target
				  populations;
(7) a breakdown of
				  members of the board of directors and any policy advisory committees by race,
				  sex, age, and handicap; and
(8)
				  provision for continued monitoring and assessment of plan implementation, with
				  updating of the plan as changes occur.
Authority
					 G.S.
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0600 - NON DISCRIMINATION/AFFIRMATIVE ACTION › Section 97B .0604 - PROHIBITION AGAINST RESTRICTIONS OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
In administering programs funded by the Office, grant
					 recipients must be free from any rules and practices which:
(1) restrict participation in programs of
				  persons who meet the income eligibility guidelines, and where applicable,
				  program guidelines;
(2)
				  unreasonably limit participation by persons from any geographic area within the
				  service area;
(3) restrict program
				  participation of eligible persons because of race, religion, sex, age, or
				  national origin; and
(4) prevent
				  free participation in programs of eligible persons who are living in a
				  community, whether or not they qualify as a legal or permanent
				  resident.
Authority
					 G.S.
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0700 - PERSONNEL STANDARDS › Section 97B .0701 - PUBLICATION OF PERSONNEL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
To provide for the consistent and equitable treatment of
					 employees, and to ensure that all employees fully understand the terms and
					 conditions of their employment, each grant recipient shall make available to
					 its staff a copy of the grant recipient's personnel policies. A copy of the
					 grant recipient's personnel policies shall be made available for review to all
					 applicants for employment upon request.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0700 - PERSONNEL STANDARDS › Section 97B .0702 - STANDARDS OF PERSONNEL ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The personnel policies and procedures of a private agency
					 must be submitted to the Office as part of the certification for funding. The
					 Personnel Policies and Procedures Manual shall contain, at a minimum, the
					 elements listed in this Rule. These elements shall serve as a criteria for an
					 evaluation of the personnel policies and procedures. The elements are:
(1) a current compensation plan which
				  contains both classification and compensation systems;
(2) a grievance policy and
				  procedure;
(3) a code of conduct
				  which provides:
(a) That no employee of a
				  grantee, its agent, members of the employee's immediate family, and members of
				  any board or policy-making body of such agencies, is allowed to solicit or
				  accept gratuities, favors, or anything of monetary value from contractors or
				  potential contractors, or to have any financial interest in any contract
				  entered into by the grant recipient.
(b) Rules and regulations for penalties,
				  sanctions, or other disciplinary actions to be applied employees or agents of
				  the grant recipient.
(c) That no
				  employee may engage in political activities as set forth in Rules .0801 through
				  .0803 of this Subchapter;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0800 - PROHIBITION AGAINST POLITICAL ACTIVITIES › Section 97B .0801 - POLITICAL ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Funds received by grant recipients from the Office cannot
					 be used for political activities, including providing voters and prospective
					 voters with transportation to the polls or provide similar assistance in
					 connection with an election of any voter registration activity and may not be
					 used for lobbying activities.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0800 - PROHIBITION AGAINST POLITICAL ACTIVITIES › Section 97B .0802 - EMPLOYMENT AND SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Employment with or services from a grant recipient may not
					 be offered as a consideration or reward for support or defeat of any political
					 party or candidate for public office.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .0800 - PROHIBITION AGAINST POLITICAL ACTIVITIES › Section 97B .0803 - EMPLOYEE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
An employee or a grant recipient may not:
(1) Use his official authority or influence
				  for the purpose of interfering with or affecting the result of an election or a
				  nomination for office;
(2) Directly
				  or indirectly coerce, attempt to coerce, command, or advise an employee to pay,
				  lend, or contribute anything of value to a party, committee, organization,
				  agency, or person for political purposes; or
(3) Be a candidate for partisan elective
				  office.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1000 - GRANTS ADMINISTRATION › Section 97B .1001 - GRANT AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon approval
				  of the application by the Office, a written grant agreement shall be executed
				  between the grant recipient and the Department. These Rules, the approved
				  application, and any subsequent amendment to the approved application shall
				  become a part of the grant agreement.
(b) The grant agreement in its original form
				  and all modifications thereto shall be kept on file in the office of the grant
				  recipient for three years.
(c) The
				  following general policies and procedures for expenditure of funds awarded
				  under grant agreements apply:
(1) Approved
				  grant agreements will specify the maximum amount of assistance which a grant
				  recipient is eligible to receive.
(2) If, at any time during the budget year,
				  the Office determines that grant funds are being expended improperly, the
				  Office may require the grant recipient to cease incurring costs. Ineligible or
				  other improper expenditures shall be reimbursed to the Office. Under such
				  conditions, the Office will notify the grant recipient regarding the action
				  being taken, the reasons for the Office's actions, and the conditions and time
				  within which corrective procedures shall be made.
(3) Funds can be committed by a grant
				  recipient only during its approved budget year, as specified on the approved
				  grant agreement. All financial obligations shall be satisfied within 90 days
				  after the end of the budget year.
(4) Conditions may be placed on a grant
				  agreement. Failure to meet a condition by the grant recipient may result in
				  suspension or termination, in whole or part of the grant agreement. When the
				  conditions are met, the Office will notify the grant recipient and release any
				  funds under the grant agreement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1000 - GRANTS ADMINISTRATION › Section 97B .1002 - ADMINISTRATIVE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  policies and procedures set forth in the U.S. Office of Management and Budget
				  Circular A-102: "Uniform Administrative Requirements for Grants-in-Aid to State
				  and Local Governments," shall be applicable to the expenditure of funds by
				  public grant recipients unless specifically stated otherwise in this
				  Subchapter, subsequent subchapters, and/or by specific requirements imposed by
				  federal and state legislation and regulations establishing a specific
				  program.
(b) The policies and
				  procedures set forth in the U.S. Office of Management and Budget Circular
				  A-110: "Grants and Agreements with Institutions of Higher Education, Hospitals,
				  and other Non-profit Organizations," shall be applicable to the expenditure of
				  funds by private grant recipients unless specifically stated otherwise in this
				  Subchapter, subsequent Subchapters, and/or specific requirements imposed by
				  federal and state legislation and regulations establishing a specific
				  program.
(c) In applying U.S.
				  Office of Management and Budget Circular A-102 and A-110 the following
				  definitions shall apply:
(1) "Grantee" means
				  public grant recipient or private grant recipient as defined in Rule .0101 of
				  this Subchapter.
(2) "Federal
				  Grantor Agency" means the Office.
(3) "Executive Agencies" means the
				  Office.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1000 - GRANTS ADMINISTRATION › Section 97B .1003 - COST PRINCIPLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The policies
				  and procedures set forth in the U.S. Office of Management and Budget Circular
				  A-87: "Cost Principles Applicable to Grants and Contracts with State and Local
				  Governments," shall be applicable to the expenditure of funds by public grant
				  recipients unless specifically stated otherwise in this Subchapter, subsequent
				  subchapters, and/or specific requirements imposed by federal and state
				  legislation and regulations establishing a specific program.
(b) The policies and procedures set forth in
				  the U.S. Office of Management and Budget Circular A-122: "Cost Principles for
				  Non-profit Organizations," shall be applicable to the expenditure of funds by
				  private grant recipients unless specifically stated otherwise in this
				  Subchapter, subsequent Subchapters, and/or specific requirements imposed by
				  federal and state legislation and regulations establishing a specific
				  program.
(c) In applying the U.S.
				  Office of Management and Budget Circular A-87 and A-122, the following
				  definitions shall apply:
(1) "Grantee" means
				  public grant recipient or private grant recipient as defined in Rule .0102 of
				  this Subchapter.
(2) "Federal
				  Grantor Agency" means the Office.
(3) "Executive Agencies" means the
				  Office.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1000 - GRANTS ADMINISTRATION › Section 97B .1004 - PROCUREMENT CONTRACTS OF GRANT RECIPIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  grant recipient shall include provisions to define a sound and complete
				  agreement in all contracts which it awards when the costs are to be borne as a
				  direct charge in whole or in part by funds awarded by the Office.
(b) In awarding such contracts, the grant
				  recipient shall comply with the following requirements, if applicable to the
				  type of contract:
(1) The contract shall
				  contain provisions or contain conditions which will allow for administrative,
				  contractual, or legal remedies in instances where contractors violate or breach
				  contract terms, and provide for such sanctions and penalties as may be
				  appropriate.
(2) All contracts in
				  excess of two thousand five hundred dollars ($2,500) shall have suitable
				  provisions for termination by the recipient, including the basis for
				  settlement. In addition, such contracts shall set forth the conditions under
				  which the contract may be terminated for default, as well as conditions where
				  the contract may be terminated because of circumstances beyond the control of
				  the contractor.
(3) All contracts
				  [except those of two thousand five hundred dollars ($2,500) or less] shall
				  include provisions giving access to, and requiring retention of, the
				  contractor's records relating to the contract.
(4) All contracts shall contain provisions
				  for compliance with civil rights and affirmative action provisions of this
				  Subchapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1100 - REPORTS: MONITORING: EVALUATION AND REMEDIAL ACTION › Section 97B .1101 - PROGRAM AND FISCAL REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Grant recipients operating projects funded by the
					 Department must prepare and submit periodic program and fiscal reports to the
					 Office. The required reports must be submitted to the Office according to the
					 instructions and schedule provided by the Office. Failure to comply with the
					 report requirements may result in either withholding of funds or possible
					 suspension/termination of operations. The Office shall provide a sample of all
					 required report forms, along with instructions.
Authority
					 G.S.
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Amended Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1100 - REPORTS: MONITORING: EVALUATION AND REMEDIAL ACTION › Section 97B .1102 - MONITORING AND EVALUATION BY THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Office shall monitor projects administered by grant recipients of the Office.
				  The factors to be monitored shall be:
(1)
				  Substantial Progress. The Office will review a grant recipient's performance to
				  determine the recipient's progress in carrying out approved activities, goal
				  and objectives, and will take into account such factors as expenditure of
				  funds, obligation of funds, award of third party contracts, and other measures
				  of progress. The Office will compare a grant recipient's actual progress with
				  the planned activities, goals, and objectives stated in the approved grant
				  agreement. If a grant recipient's progress lags substantially behind the
				  planned activities, goals, and objectives, further reviews may be conducted to
				  determine the reasons for a lack of progress.
(2) Conformance with approved program. The
				  Office will review a grant recipient's performance to determine whether the
				  activities undertaken during the period under review conform substantially to
				  the grant agreement, including any amendments approved by the Office.
(3) Compliance. The Office will review a
				  grant recipient's performance to determine whether the program carried out
				  complies with the requirements of this Subchapter, and other applicable laws
				  and regulations.
(4) Continuing
				  Capacity. The Office will review grant recipient's performance to determine
				  whether the grant recipient has a continuing capacity to carry out the approved
				  program in a timely manner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter B - GENERAL ADMINISTRATIVE POLICIES › Section .1100 - REPORTS: MONITORING: EVALUATION AND REMEDIAL ACTION › Section 97B .1103 - REMEDIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the Office
				  determines on the basis of the monitoring or evaluation of a grant recipient's
				  performance that the goals and objectives of the project are not being met, as
				  set forth in Rule .1102(a) of this Section, the Office may take one or more of
				  the actions authorized in Paragraph (b) of this Rule. The action taken will be
				  designed to:
(1) prevent a continuance of one
				  or more of the four deficiencies set forth in Rule .1102(a) of this
				  Section;
(2) mitigate any adverse
				  effects or consequences of the deficiency to the extent possible under the
				  circumstances; and
(3) prevent a
				  recurrence of the same or similar deficiencies.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter C - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 97C .0101 - PURPOSE OF PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the Community Services Block Grant Program
					 is to provide a range of services and activities having a measurable and
					 potentially major impact on the causes of poverty in the community or those
					 areas of the community where poverty is a particularly acute
					 problem.
Authority 143B-10;
					 42 U.S.C.
					 9901-12;
Eff. December 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter C - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 97C .0102 - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The State of North Carolina is authorized to undertake the
					 North Carolina Community Services Block Grant Program under the Omnibus Budget
					 Reconciliation Act of 1981, as amended, and under state laws establishing state
					 departments, institutions, and commissions and the Executive Organization Act
					 of 1973 [G.S.
					 143B-10(b);
					 143B-276;
					 143B-277; and
					 143-323(d)].
Authority
					 42 U.S.C.
					 9901-12;
					 143B-10;
					 143B-276;
					 143B-277;
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 97 - ECONOMIC OPPORTUNITY › Subchapter C - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 97C .0103 - DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Office has been designated by the Secretary of the
					 Department to administer the Community Services Block Grant Program in North
					 Carolina.
Authority
					 G.S.
					 143B-10(b);
					 143-323(d);
Eff. December 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.