Iowa Admin. Code r. 281-120.703 - Department review and determination regarding EIS program performance
(1)
Review. The department shall annually review the performance
of each EIS provider, including but not limited to data on indicators
identified in the state's performance plan, information obtained through
monitoring visits, and any other public information made available.
(2)
Determination. Based on
the information provided in subrule 120.703(1) to the department, the
department shall determine if each EIS provider:
a. Meets the requirements and purposes of
Part C of the Act;
b. Needs
assistance in implementing the requirements of Part C of the Act;
c. Needs intervention in implementing the
requirements of Part C of the Act; or
d. Needs substantial intervention in
implementing the requirements of Part C of the Act.
(3)
Notice and opportunity for a
hearing. For determinations made under paragraphs
120.703(2)"c" and"d," the department shall
provide reasonable notice of its determination and may, in its sound
discretion, grant an informal hearing to the EIS provider; however, if
withholding of funds is a remedy associated with any particular determination,
the department shall provide a hearing under rule
281-120.705 (
34CFR303 ). Under any hearing granted under this subrule or rule
281-120.705 (
34CFR303 ), the EIS provider must demonstrate that the department abused its
discretion in making the determination described in subrule
120.703(2).
(4)
Criteria
for determinations. The department shall develop criteria for making
the determinations required by subrule 120.703(2).
(5)
Adjustment or variance of
determination. In making the determination required by subrule
120.703(2), the department in its discretion may adjust or vary from the
criteria described in subrule 120.703(4) based on unusual, unanticipated, or
extraordinary aggravating or mitigating measures, on a case-by-case
basis.
Notes
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