Ohio Admin. Code 173-2-06 - AAAs: monitoring and imposing corrective actions on AAAs
(A)
Monitoring: ODA shall monitor each AAA to ensure grant
awards are used for authorized purposes and in compliance with state and
federal statutes, regulations, and the terms and conditions of each
award.
(B)
Reporting and corrective-action plans (CAPs):
(1)
ODA shall notify
an AAA of the results of the monitoring review, including any instance of
non-compliance ("deficiency"). In the notice, ODA shall require the AAA to
develop a CAP and to correct the deficiency.
(2)
In response to
ODA's notice, the AAA shall provide ODA with a proposed CAP. In the CAP, the
AAA shall include all of the following:
(a)
The manner in
which the AAA will correct the deficiency.
(b)
The correction
deadline.
(c)
The actions to ensure the deficiency does not
recur.
(3)
ODA shall review the AAA's proposed CAP and shall
inform the AAA of its decision to either approve the AAA's CAP or impose the
corrective action in paragraph (C)(1) of this rule.
(C)
Remedies for
non-compliance:
(1)
ODA shall impose corrective action on an AAA in any of
the following three situations:
(a)
The AAA's CAP failed to comply with paragraph (B)(2) of
this rule.
(b)
The AAA failed to fully implement the ODA-approved
CAP.
(c)
ODA immediately imposes corrective action without first
requiring the AAA to develop a proposed CAP due to one or more of the following
situations:
(i)
Laws or agreements necessitate immediate corrective
action.
(ii)
The consumers' health, safety, or welfare necessitates
immediate corrective action.
(iii)
Protecting
state or federal dollars necessitates immediate corrective
action.
(2)
ODA shall
consider the AAA's history of deficiencies, the impact of the present
deficiency or other unrelated deficiencies, and the cause of the deficiency or
other unrelated deficiencies when determining the nature and extent of
corrective action to impose on the AAA.
(3)
ODA shall impose
one or more of the following corrective actions upon an AAA to comply with
paragraph (C)(1) of this rule:
(a)
ODA may require the AAA to fully implement the AAA's
self-imposed, but not yet fully-implemented, CAP.
(b)
ODA may develop
new corrective actions to impose upon the AAA.
(c)
ODA may disallow
all or a part of the cost of an activity or action that does not
comply.
(d)
ODA may terminate all or part of the AAA's present
grants and contracts. If ODA terminates all or part of an AAA's grants or
contracts, ODA shall take all actions necessary to ensure the continuation of
any services directly provided by the AAA that were authorized for consumers in
the PSA. The actions that ODA takes to ensure the continuation of services may
include directly administering the AAA's grants and contracts or contracting
with another AAA to administer the deficient AAA's grants and contracts on
ODA's behalf.
(e)
ODA may withhold one or more future grant awards to the
AAA under 42 U.S.C.
3026(f).
(f)
ODA may withdraw
the designation according to rule
173-2-07 of the Administrative
Code.
(g)
ODA may impose any other corrective action that laws
authorize.
(h)
ODA shall inform the AAA of ODA's acceptance of the
AAA's response to an ODA-imposed CAP.
Replaces: 173-2-07
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Rule Amplifies: 173.011; 42 U.S.C. 3026; 2 C.F.R. Part 300, 45 C.F.R. Part 75, 1321.1, 1321.5, 1321.9, 1321.27, 1321.47, 1321.65
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 07/12/2007, 06/11/2009, 09/01/2014, 01/01/2020, 01/24/2022
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