North Carolina Administrative Code

SECTION .0200 - APPLICATION FOR ASSISTANCE 10A NCAC 97B .0201 SUBMISSION OF APPLICATION FOR FUNDS 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…

10A NCAC 97B .0202 REVIEW AND APPROVAL OF APPLICATIONS FOR FUNDS (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 …

10A NCAC 97B .0203 CERTIFICATION AND COMPLIANCE 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 applicat…

SECTION .0300 - PUBLIC ACCESS CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 10A NCAC 97B .0301 PUBLIC ACCESS TO INFORMATION (a) Grant recipients must provide access to any books, documents, records, and other information which is requested by the public which is not otherwise req…

10A NCAC 97B .0302 CONFIDENTIALITY AND DISCLOSURE OF INFORMATION (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 …

SECTION .0400 - CITIZEN PARTICIPATION AND HEARINGS 10A NCAC 97B .0401 GENERAL PROVISIONS 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 as…

10A NCAC 97B .0402 CITIZEN PARTICIPATION IN THE APPLICATION PROCESS 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 et…

10A NCAC 97B .0403 CITIZEN PARTICIPATION IN THE PROGRAM AMENDMENT PROCESS (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 re…

10A NCAC 97B .0404 SUBMISSION OF WRITTEN COMMENTS (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 requi…

10A NCAC 97B .0405 RECORD KEEPING 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 Managem…

10A NCAC 97B .0406 HEARINGS 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 i…

SECTION .0500 - DUE PROCESS FOR PERSONS DENIED SERVICES 10A NCAC 97B .0501 PUBLICATION OF PROCEDURES 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 po…

10A NCAC 97B .0502 PROCEDURES FOR MAKING APPEALS 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 brie…

SECTION .0600 - NON-DISCRIMINATION/AFFIRMATIVE ACTION 10a NCAC 97B .0601 POLICY OF THE DIVISION History Note: 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.

10A NCAC 97B .0602 FUNCTIONS OF THE DIVISION 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)…

10A NCAC 97B .0603 GRANT RECIPIENT'S AFFIRMATIVE ACTION PLAN 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 t…

10a NCAC 97B .0604 PROHIBITION AGAINST RESTRICTIONS OF SERVICES 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 wher…

SECTION .0700 - PERSONNEL STANDARDS 10A NCAC 97B .0701 PUBLICATION OF PERSONNEL POLICIES 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 …

10a NCAC 97B .0702 STANDARDS OF PERSONNEL ADMINISTRATION 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 list…

SECTION .0800 - PROHIBITION AGAINST POLITICAL ACTIVITIES 10A NCAC 97B .0801 POLITICAL ACTIVITIES 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 provi…

10A NCAC 97B .0802 EMPLOYMENT AND SERVICES 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. History Note: Authority G.S. 143B-10; 143B-276; 143B-277; 143…

10A NCAC 97B .0803 EMPLOYEE ACTIVITIES 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…

SECTION .1000 - GRANTS ADMINISTRATION 10a NCAC 97B .1001 GRANT AGREEMENT (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 amend…

10A NCAC 97B .1002 ADMINISTRATIVE REQUIREMENTS (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 f…

10A NCAC 97B .1003 COST PRINCIPLES (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…

10A NCAC 97B .1004 PROCUREMENT CONTRACTS OF GRANT RECIPIENTS (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 Of…

SECTION .1100 - REPORTS: MONITORING: EVALUATION AND REMEDIAL ACTION 10a NCAC 97B .1101 PROGRAM AND FISCAL REPORTS 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 s…

10A NCAC 97B .1102 MONITORING AND EVALUATION BY THE DIVISION (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 t…

10A NCAC 97B .1103 REMEDIES (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 mor…

SUBCHAPTER 97C - COMMUNITY SERVICES BLOCK GRANT PROGRAM SECTION .0100 - GENERAL PROVISIONS 10a NCAC 97C .0101 PURPOSE OF PROGRAM The purpose of the Community Services Block Grant Program is to provide a range of services and activities having a measurable and potentially major im…

10A NCAC 97C .0102 AUTHORITY 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 co…

10A NCAC 97C .0103 DESIGNATION The Office has been designated by the Secretary of the Department to administer the Community Services Block Grant Program in North Carolina. History Note: Authority G.S. 143B-10(b); 143-323(d); Eff. December 1, 1983; Pursuant to G.S. 150B-21.3A, ru…

10A NCAC 97C .0104 DEFINITIONS For the purpose of this Subchapter, the following definitions apply: (1) "Act" means the Omnibus Budget Reconciliation Act of 1981, which is incorporated by reference, including subsequent amendments and editions, and available for free at https://w…

10A NCAC 97C .0105 ELIGIBLE ACTIVITIES Activities funded under this Subchapter may include only those projects which: (1) provide a range of services and activities having a measurable and potentially major impact on the causes of poverty in the state's communities, or those area…

10A NCAC 97C .0106 ELIGIBLE GRANT RECIPIENTS Eligible grant recipients for CSBG funds include: (1) Community action agencies as defined in Rule .0104(2) of this Section. In any geographic area of the State not served by a CAA, the Governor may decide to serve the new area by: (a)…

10a NCAC 97C .0107 ELIGIBLE PROGRAM PARTICIPANTS (a) The official poverty guidelines established by the Director of the Office of Management and Budget shall be used as a criteria of eligibility for all services provided to program participants by grant recipients. "Services" is …

10a NCAC 97C .0108 ALLOCATION OF CSBG FUNDS (a) Funds allocated to North Carolina under the CSBG Program shall be used as follows: (1) No less than 90 percent of the funds allocated for contracting with CAAs as defined in Rule .0104(2) of this Section that are re-certified as eli…

10A NCAC 97C .0109 REQUIREMENTS/GOVERNING BODIES OF GRANT RECIPIENTS (a) Each private non-profit grant recipient funded under Rule .0108(a)(1) of this Section shall have a board of directors consisting of at least 15 members and not more than 51 members. (b) The board of director…

10A NCAC 97C .0110 AUTHORITY OF PRIVATE GRANT RECIPIENTS The grant recipient's charter or articles of incorporation and its by-laws shall provide sufficient legal authority to: (1) receive and disburse funds; (2) sue and be sued, complain and defend, in its corporate name; (3) el…

10a NCAC 97C .0111 CITIZEN PARTICIPATION (a) Each grant recipient funded under Rule .0108(a)(1) of this Section is required to establish citizen participation policy and procedures. Grant recipients shall hold public hearings to meet the requirements of Rule .0401(5) of Subchapte…

10a NCAC 97C .0112 APPLICABLE LAWS AND REGULATIONS Grant recipients receiving funds under the CSBG program are subject to the authorizing federal legislation, applicable federal and state laws and regulations, including the requirements set forth in the State of North Carolina's …

10a NCAC 97C .0113 ADMINISTRATION COSTS (a) Eligible grant recipients may expend CSBG funds for the administration of agency programs. Such programs must have purposes consistent with those of the Community Services Block Grant. (b) The maximum amount of CSBG funds that may be us…

SECTION .0200 - PLANNING AND BUDGETING 10a NCAC 97C .0201 GENERAL PROVISIONS FOR THE GRANT WORK PLAN (a) The Grant Work Plan, hereinafter referred to as the Community Anti-Poverty Plan, shall consist of five distinct parts: (1) The Planning Process Narratives; (2) The Agency Stra…

10a NCAC 97C .0202 DEFINITIONS For the purpose of this Subchapter, the following definitions apply: (1) Activity. Within the One-Year Work Program, an activity is the action that will be taken to cause a project objective to be reached as scheduled. An activity can be performed o…

10a NCAC 97C .0203 PLANNING PROCESS NARRATIVE The agency shall develop a narrative description of the process which it will use to develop the Agency Strategy for Eliminating Poverty. At a minimum, this document shall contain a description of: (1) The methods and criteria to be u…

10a NCAC 97c .0204 AGENCY STRATEGY FOR ELIMINATING POVERTY The Agency Strategy for Eliminating Poverty is the agency's statement of the poverty-related problems within the community and its overall plan of action to eliminate or have a measurable and potentially major impact on o…

10A NCAC 97C .0205 ONE-YEAR WORK PLAN Using the Agency Strategy for Eliminating Poverty, the agency shall develop its One-Year Work Plan which shall meet the following requirements: (1) each project which the agency proposes to undertake shall be aimed at solving a cause of pover…

10a NCAC 97C .0206 BUDGET (a) Each agency shall submit a financial plan for carrying out the One-Year Work Program. (b) When the One-Year Work Program encompasses two or more projects, the budget shall be subdivided to show the planned cost of each project and the composite budge…

10A NCAC 97C .0207 PLAN OF MONITORING: ASSESSMENT AND EVALUATION The plan for monitoring, assessment and evaluation shall meet the following requirements: (1) Describe the specific structures and methods that will be used including the role and responsibilities of the board of di…

10A NCAC 97C .0208 BUDGET REVISIONS TO THE GRANT AGREEMENT (a) A grant recipient having an approved budget shall obtain prior approval for all budget amendments. A budget amendment is defined as any change in the budget which: (1) involves the transfer of amounts budgeted for dir…