Cal. Code Regs. Tit. 25, § 7953 - Local Board Designation Process

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).

(b) The written application for designation shall include the following information:

(1) The membership of the local organization;

(2) The address of the local organization;

(3) The proposed regional boundaries;

(4) An explanation of each potential member's experience and expertise relevant to program activities;

(5) The demonstrations and certifications required by section 7954, if applicable;

(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

(7) The certifications required by subsection (e).

(c) 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 the region.

(2) Notice shall be mailed to all interested parties.

(3) Notice shall be provided prior to submittal of the application.

(4) 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 application.

(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.

(d) The membership of the local organization and of the subsequent DLB shall be representative of the local community, and shall:

(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.

(e) 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 performance;

(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; and

(5) Will comply with and enforce the conflict of interest restrictions set forth in subsection (f).

(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.

(i) The 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 notification.

(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 notice.

(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 petitioner.

(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.

Notes

Cal. Code Regs. Tit. 25, § 7953

Note: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety Code. Reference: Sections 50801(b) and 50801.5(a), Health and Safety Code.

1. New section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94, No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 with repealer and new subsection (f) as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section heading, section and Note transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).