SECTIONS 12780-12781 - California Statutes

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 those necessary to do all of the following:
(a) Ensure that all applicable federal requirements of Subtitle B
of Title VI of Public Law 97-35, as amended, are met.
(b) Define and enforce state standards of programmatic performance
and fiscal accountability, including, but not limited to, any
assurances that the state makes in its state plan.
(c) Promulgate regulations and execute grants and contracts
necessary or convenient for the exercise of its responsibilities,
powers, and functions under the Community Services Block Grant.
(d) Ensure that the administrative requirements of this program
are clear and uniform.
(e) Provide adequate safeguards for the due process rights of
eligible entities and beneficiaries.

12781. The department shall have the following powers and duties:
(a) Development of an orderly grant application process
culminating in a prescribed contract.
(b) Ensuring that eligible entities will have a timely cashflow
within the guidelines of the federal Cash Management Improvement Act
of 1990 (P.L. 101-453), as amended. The department shall issue to
each eligible entity an advance payment at the beginning of the
contract period equal to 25 percent of the eligible entity's total
contract amount. Payments thereafter shall be equal to expenditures
reported on the eligible entity's financial progress reports, not to
exceed the eligible entity's total contract amount.
(c) Promulgation of uniform contracts management standards to
include:
(1) Standards for fiscal control and fund accounting that do all
of the following:
(A) Require new eligible entities to be certified by an accountant
prior to receiving financial assistance.
(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 an
eligible entity to use funds allocated under this chapter in an
amount not to exceed 12 percent of the total operating funds of its
community action program.
(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 eligible entities in the
event of closeout.
(4) Procedures for the withholding of payments or recovery of
moneys where the underlying cost expenditures or obligations claimed
by the eligible entity are disallowed.
(5) Standards for termination or reduction of financial assistance
to an eligible entity, or revocation of the designation of a
community action agency, for failure to comply with this chapter. The
department may terminate or reduce any financial assistance provided
to an eligible entity under this chapter forthwith, if the
department finds there is evidence of fraud or illegal use of funds.
The department also may terminate or reduce any financial assistance
to an eligible entity, if the department determines that "cause," as
defined in Section 9908(c) of Title 42 of the United States Code, as
amended, exists and after providing notice and an opportunity for a
hearing on the record, subject to review by the secretary consistent
with Section 9915 of Title 42 of the United States Code, as amended.
(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. At a minimum 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 eligible entities, and
the procedures to be followed in order to guarantee those rights, in
cases of denial of refunding, suspension, reduction, or termination
of funding, or revocation of designation by the department.
(2) The obligation of eligible entities to provide a fair
procedure for clients denied services by eligible entities.
(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
entities.
(f) Monitoring and periodic evaluation of eligible entities, using
evaluation methods and standards that have been published prior to
the evaluation and that provide eligible entities an opportunity to
respond to evaluation findings.
(g) Development of standards to ensure compliance by eligible
entities with federal and state 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 community action agencies,
including providing opportunities for community action agencies 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.