16 Miss. Code. R. 3-8.5 - Process for Monitoring and Decertification of Certified Local Governments in Mississippi

A. The MDAH/SHPO shall conduct periodic review and monitoring of CLGs no less often than once every four years. The review shall ensure that each CLG is fulfilling its required responsibilities and that the CLGs performance of those responsibilities is consistent and coordinated with the criteria as listed in Rule 8.3 and 8.4(A) (1-3) above. The MDAH/SHPO may perform its review during an on-site visit.

B. Upon completion of the review, the MDAH/SHPO shall inform the CLG by letter, whether or not the CLG has been evaluated as adequate or inadequate. At this time the MDAH/SHPO may offer opinions and advice on each CLG program. An adequate evaluation by the MDAH/SHPO requires no response from the CLG.

C. If the MDAH/SHPO evaluation indicated that the performance of the CLG is inadequate because the CLG has not maintained the specific criteria as listed in Rule 8.4(A) (1-5) above, the MDAH/SHPO shall document that assessment and recommend to the CLG when the CLGs performance is inadequate. Generally, the CLG shall have a period of not less than thirty, not more than one hundred and eighty working days to implement improvements. If after this period, the MDAH/SHPO determines through documentation that the CLG has not regained nor cannot be expected to maintain the specific criteria as listed in Rule 8.4(A) (1-5), the MDAH/SHPO shall place the CLG on suspension. While on suspension the CLG may not apply for or receive CLG grants. If the CLG has not addressed these issues within six months, the MDAH/SHPO shall send the appropriate documents citing specific reasons for the recommendations to decertify to the Secretary of the Interior, or designee. Copies of the correspondence between the MDAH/SHPO and the Secretary of the Interior shall be sent to the CLG. The effective date of decertification will be the date on which the decertification is approved by the Department of the Interior.

D. CLGs may appeal to the National Park Service, or designee, the MDAH/SHPOs decisions to decertify.

E. CLGs may petition the MDAH/SHPO to be decertified voluntarily and without prejudice.

F. In the event that a CLG is voluntarily or involuntarily decertified, the MDAH/SHPO acknowledges its responsibilities to conduct financial assistance close-out procedures as specified in the HPF grants manual.

G. If the CLG wishes to become recertified it must reapply for certification.

Notes

16 Miss. Code. R. 3-8.5

Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).