2005 California Government Code Sections 12780-12781 Responsibilities

GOVERNMENT CODE
SECTION 12780-12781

12780.  The powers and responsibilities of the department as the
state administering agency for the California Community Services
Block Grant Program are to ensure that all applicable federal
requirements of Subtitle B of Title VI of Public Law 97-35, as
amended, are met and the administrative requirements of this program
are clear and uniform, and provide adequate safeguards for the due
process rights of grantees and beneficiaries.
12781.  The department shall have the following duties:
   (a) Development of an orderly grant application process
culminating in a prescribed statement of grant action.
   (b) Ensuring that grantees will have a timely cash flow within the
guidelines of the federal Cash Management Improvement Act of 1990
(P.L. 101-453), as amended.  The department shall issue to each
grantee an advance payment at the beginning of the contract period
equal to 25 percent of the grantee's total contract amount.  Payments
thereafter shall be equal to expenditures reported on the grantee's
financial progress reports, not to exceed the grantee's total
contract amount.
   (c) Promulgation of uniform grants management standards to
include:
   (1) Standards for fiscal control and fund accounting that do all
of the following:
   (A) Require new grantees to be certified by an accountant prior to
receiving funding.
   (B) Require periodic financial reporting to the office and an
annual audit.
   (C) Permit a defined range of flexibility from approved budgets
and the use of negotiated indirect costs rates.
   (D) For the purpose of administrative expenditures, permit a
grantee to use funds allocated under this chapter in an amount not to
exceed 12 percent of its total operating funds.
   (E) Limit the use of funds for construction, as required by
federal law.
   (2) Minimum standards for procurement to prevent conflict of
interest or malfeasance.
   (3) Standards regarding property that provide that title to
property purchased with funds granted under this chapter or with
funds formerly granted pursuant to the federal Economic Opportunity
Act of 1964 (Chapter 34 (commencing with Section 2701) of Title 42 of
the United States Code) shall vest in the grantee, subject to
conditions requiring prudent property management and the provision
for disposition of the property among other grantees in the event of
closeout.
   (4) Standards for termination of financial assistance to a
grantee, or revocation of the recognition of a community action
agency, for failure to comply with this chapter.  The department may
suspend or reduce any funding provided to a grantee under this
chapter forthwith, if the department finds there is evidence of fraud
or illegal use of funds.  In the case of substantial noncompliance
with the terms and conditions of the statement of grant action or
contract, the department may suspend or reduce funding provided under
this chapter after giving the grantee 15 days' written notice.
   (5) Standards for withholding recognition of a newly designated
community action agency when the director determines that the
designated entity does not meet the requirements of this chapter.
   (d) Promulgation of regulations pursuant to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), and Chapter 5 (commencing with
Section 11500), of Part 1) that are necessary and appropriate for the
effective administration of this chapter.  These regulations shall
clearly define all of the following:
   (1) The due process rights, including notification, right of
appeal, and opportunity for a fair hearing, of grantees, and the
procedures to be followed in order to guarantee those rights, in
cases of denial of refunding, suspension or termination of funding,
or revocation of designation by the department.
   (2) The obligation of grantees to provide a fair procedure for
clients denied services by grantees.
   (3) The requirement that community action agencies select
tripartite boards that include persons who represent the poor.  These
regulations shall ensure that democratic procedures are fully
operative and may include criteria for tenure, geographic
representation, and election procedures.
   (e) Establishment of procedures for orderly closeout of terminated
grantees.
   (f) Monitoring and periodic evaluation of grantees, using
evaluation methods and standards that have been published prior to
the evaluation and that provide grantees an opportunity to respond to
evaluation findings.
   (g) Development of standards to ensure grantees' compliance with
federal requirements for public access to records, prohibition of
partisan political activities, and nondiscrimination.
   (h) Establishment of policies and procedures that ensure freedom
of information.
   (i) Fostering cooperation among grantees, including providing
opportunities for grantees to work together and publishing a
directory, that shall be periodically updated, of all grantees under
this program and the Low-Income Home Energy Assistance Program
(Subchapter II (commencing with Section 8621) of Chapter 94 of Title
42 of the United States Code).
   (j) Establishment of procedures for the allocation of the funds
available pursuant to subdivision (c) of Section 12759.
   (k) Identification and encouragement of linkages with other state
departments, local governments or private groups that oversee
programs providing resources for low-income persons in order to
coordinate existing efforts to overcome poverty.


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