Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department may disqualify a local
agency in the following circumstances:
(1)
When the Department determines noncompliance with Program regulations or the
agency's agreement with the State;
(2) When the Department's Program funds are
insufficient to support the continued operation of all its existing local
agencies at their current participation level;
(3) When the Department determines, following
a review of local agency credentials, that another local agency can operate the
Program more effectively or efficiently;
(4) When the Department determines that
disqualification of the agency would conserve the fiscal interests of the
State, such as when consolidation of existing local agencies serving the same
geographic service area would result in Program services being provided at
lower cost, or would reduce the potential for dual participation by Program
participants.
(b) When
taking an action to disqualify a local agency, the Department shall take
relevant factors into consideration, including but not limited to:
(1) The availability of other community
resources to participants, and the cost efficiency and cost effectiveness of
the local agency in terms of food, administrative and program services
costs;
(2) The percentages of
participants in each priority level being served by the local agency and the
percentage of need being met in each participant category;
(3) The relative need of the area or special
population served by the local agency;
(4) The local agency's place in the priority
system set forth in Section
40769 of these
regulations;
(5) The capability of
another local agency or agencies to accept the local agency's participants and
to provide Program services in an efficient and effective manner;
(6) The local agency's past performance in
participating in other governmental programs; and
(7) Whether disqualification of the local
agency will decrease the potential for dual participation in the service area
and thereby conserve the fiscal interests of the State.
(c) When disqualifying a local agency under
the Program the Department shall:
(1) Make
every effort to transfer affected participants to another local agency without
disruption of benefits;
(2) Provide
the affected local agency with written notice not less than sixty (60) calendar
days in advance of the pending action, including an explanation of the reasons
for disqualification, the date of disqualification, and, except in cases of the
expiration of a local agency's agreement, the local agency's right to appeal as
set forth in Section
40781 of these regulations;
and
(3) Ensure that the action is
not in conflict with any existing written agreements between the Department and
the local agency.
(d) The
Department shall conduct periodic reviews of the qualifications of authorized
local agencies under its jurisdiction. Based upon the results of such reviews,
the Department may make appropriate adjustments among participating local
agencies, including the disqualification of a local agency when the Department
determines that another local agency can operate the Program more effectively
and efficiently, taking into consideration the factors set forth in subsection
(b) above.
1. New
section filed 8-23-89; operative 8-23-89 (Register 89, No.
38).
Note: Authority cited: Sections 311 and 312, Health
and Safety Code. Reference: Sections 311, 312, 318 and 319, Health and Safety
Code.
