Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 9 - Kentucky Opioid Abatement Advisory Commission
Section 40 KAR 9:010 - General application procedure

Universal Citation: 40 KY Admin Regs Service 9:010

Current through Register Vol. 50, No. 9, March 1, 2024

RELATES TO: KRS 15.291, 15.293

NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.291(6) requires the Kentucky Opioid Abatement Advisory Commission (the "commission") to promulgate administrative regulations to administer funds received by the commission. This administrative regulation establishes the application procedure for funding requests under KRS 15.291 and 15.293, the duties required of the commission, the duties required of those that receive commission funds, and other related issues.

Section 1. Definitions.

(1) "Entity" is defined by KRS 14A.1-070(7).

(2) "Governmental agency" is defined by KRS 65.940(5).

(3) "Member" means a commission member as established in KRS 15.291(2), whether voting or non-voting.

Section 2. Eligible Applicants. An entity or governmental agency shall be eligible for opioid abatement funding if the entity or governmental agency:

(1) Submits an application through the OAAC Grant Portal at https://ag.ky.gov/Priorities/Tackling-the-Drug-Epidemic/Pages/Opioid-Abatement-Advisory-Commission-.aspx;

(2) Complies with the requirements established in this administrative regulation;

(3) Meets the criteria in KRS 15.291(5); and

(4) Is not debarred or suspended from contracting with the Commonwealth.

Section 3. Application.

(1) To submit an application using the OAAC Grant Portal, an applicant shall be required to become an approved state vendor.

(2) Non-conforming or incomplete applications shall not be considered.

Section 4. Review of Applications.

(1) The commission shall review applications on a continuous basis.

(2) If the commission requests supplementation of an application, or otherwise inquires about an application, the point of contact shall acknowledge receipt within seven (7) calendar days and subsequently respond to the commission in a timely manner. Failure to do so shall result in the application being deemed withdrawn.

(3) Contingent upon available funding, the commission shall fund an application in whole or in part, if the funding does not exceed the sum requested in the application.

(4) In awarding funds, the commission shall consider:
(a) Compliance with applicable law;

(b) The entity or governmental agency's record and responsibility in utilizing effectively any funds received previously from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);

(c) The geographic reach of the application;

(d) Amounts received by an entity or governmental agency from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);

(e) The utility and effectiveness of any part of the application;

(f) The extent to which Kentucky residents are served by the application;

(g) The extent to which prior allocations from the commission have served similar purposes;

(h) The extent to which the application proposes to serve a portion of the population that otherwise would not receive similar services;

(i) The extent to which the application proposes to incorporate relevant partnerships that are likely to increase the efficiency and effectiveness of programming;

(j) The extent to which the application proposes, among other things, to educate the public about opioid misuse and opioid use disorder, reduce the occurrence of opioid misuse and opioid use disorder, promote resistance to opioid misuse and opioid use disorder, promote the effective treatment of opioid use disorder, or combat the effects of opioid misuse, including co-occurring mental health issues;

(k) The extent to which the application activities align with accepted evidence-based practices; or

(l) The sufficiency of records to validate the requested amounts.

Section 5. Recipients' Duties.

(1) Entities and governmental agencies that receive funding shall submit notarized quarterly certifications to the commission due by:
(a) March 31;

(b) June 30;

(c) September 30; and

(d) December 31.

(2) Entities and governmental agencies shall submit certifications using the KYOACC Certification Form.

(3) Certifications shall be required until the recipient exhausts all funds received from the commission and until the recipient has submitted a certification stating that all funds have been exhausted.

(4) Separate certifications shall be required for each funding award.

Section 6. Noncompliance.

(1) Noncompliance shall include:
(a) Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or 40 KAR Chapter 9;

(b) Failure to meet certification submission deadlines; and

(c) Failure to expend funds in conformity with the enumerated purposes established in KRS 15.291, pursuant to KRS 15.293(5).

(2) The commission shall require entities or governmental agencies to reimburse the commission for any funds expended in a noncompliant manner.

(3) The commission shall require noncompliant entities or governmental agencies to forfeit any remaining funds received from the commission.

(4) The commission shall bar noncompliant entities or governmental agencies from receiving funds from the commission.

(5) The commission shall report noncompliance to the Department of Law for appropriation determination as to if further action is necessary to ensure compliance with opioid-related agreements.

Section 7. Commission Appointments. The term of a member appointed pursuant to KRS 15.291(3)(b) shall begin upon the commission's first meeting.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:
(a) "OAAC Grant Portal," available at https://ag.ky.gov/Priorities/Tackling-the-Drug-Epidemic/Pages/Opioid-Abatement-Advisory-Commission-.aspx; and

(b) KYOACC Certification Form, December 2022.

(2) This material shall be inspected, copied, or obtained, subject to copyright law, at the Office of the Attorney General Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

STATUTORY AUTHORITY: KRS 15.291(6), 15.293

Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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