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2005 California Government Code Sections 12780-12781 Responsibilities
GOVERNMENT CODESECTION 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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