Current through Register 2021 Notice Reg. No. 52, December 24, 2021
(a) In order to apply for designation as a
DLB, a local organization shall submit to the Department a written application
containing the information identified in subsection (b).
The written application for designation
shall include the following information:
The membership of the local organization;
(2) The address of the local
(3) The proposed
explanation of each potential member's experience and expertise relevant to
demonstrations and certifications required by section 7954, if
(6) An explanation and
supporting documentation of how the requirements of subsections (c) and (d)
will be or have been met, including proof of publication of notice pursuant to
subsection (c)(1); and
certifications required by subsection (e).
The local organization shall provide
notice of the application for designation as a DLB to the public within the
region and shall invite the public to submit comments to the Department about
the application pursuant to all of the following:
(1) Notice shall be provided through
publication in at least one newspaper of general circulation in each county in
(2) Notice shall be
mailed to all interested parties.
(3) Notice shall be provided prior to
submittal of the application.
The notice shall provide the name, address, and telephone number of a person
the public can contact for further information.
(5) The notice shall provide the public with
thirty days within which to submit comments to the Department about the
(6) The thirty-day
comment period shall begin the day after the notice is mailed or the day after
the notice is published, whichever is later.
The membership of the local organization
and of the subsequent DLB shall be representative of the local community, and
(1) Provide a range of community
representation and expertise; and
(2) Represent such interests as shelter
providers, local funding agencies, public officials, private industry, mental
health groups, law enforcement, the courts, planning agencies, social services,
and homeless advocates.
Within its application to the Department
for designation, the proposed DLB shall certify in writing that it:
(1) Accepts responsibility for the
distribution and re-distribution of funds allocated to the region;
(2) Will monitor grantee
(3) Will comply with
all requirements of this subchapter;
(4) Will provide any data or information
required by the Department for the evaluation of the performance of the DLB;
(5) Will comply with and
enforce the conflict of interest restrictions set forth in subsection
(f) No individual,
including DLB staff and any DLB subcommittee member, participating in
determining eligibility, feasibility, readiness, rating or ranking of grant
applications shall be a board member, an officer, employee, or agent of any
eligible organization applying for funds nor have any financial interest in any
eligible organization applying for funds.
(g) Within fifteen days of the receipt of an
application for designation, the Department shall notify the applicant in
writing if the application is incomplete and identify the information and/or
certifications that are missing.
(h) Within thirty days of the receipt of a
complete application, the Department shall provide the applicant with written
notice as to whether the local organization has received the Department's
designation as a DLB. If an applicant has not received designation, the written
notice shall provide each specific reason for not designating the local
organization as a DLB.
Department shall withdraw the designation of a DLB if the activities of the DLB
do not comply fully with the requirements of this subchapter.
(1) The Department shall provide the DLB with
written notification of the withdrawal of designation and of the effective date
of the withdrawal. The written notification shall identify each compliance
issue upon which the withdrawal of designation is based.
(2) If a former DLB chooses to protest the
Department's decision to withdraw designation and/or the findings upon which
the decision was based, the DLB shall submit a written petition for a hearing
to the Department, within fifteen days of the date of the Department's written
(3) The petition
shall request a hearing and shall provide a clear, concise statement of the
reasons the hearing is being requested, the information and/or activities under
discussion, and the remedy sought by the former DLB.
(4) Within fifteen days of the date the
petition is received by the Department, the Department shall schedule a hearing
and shall provide the petitioner with written notice of the date, time and
place of the hearing. The date of the hearing shall be within forty-five days
of the date of the Department's written notification of the withdrawal of
designation and no sooner than ten days after the date of the hearing
(5) The hearing shall
provide the petitioner with the opportunity to be heard and to show cause why
the withdrawal of designation should be modified or repealed.
(6) Within fifteen days of the hearing, the
Department shall provide the petitioner with a written decision that repeals,
modifies, or sustains the Department's decision to withdraw designation. The
written decision shall respond specifically to each issue commented upon by the
(j) A former
DLB shall surrender custody of all program records, including applications,
correspondence, and related documentation, to the Department within seven days
of the effective date of the Department's withdrawal of designation, or at the
conclusion of the appeal process when it maintains the Department's decision to
withdraw the designation.