Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
15A.340,
15A.342,
15A.344,
222.211,
248.723
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.344 requires KY-ASAP to establish local
advisory and coordination boards for tobacco addiction and alcohol and substance
abuse prevention, cessation, and treatment.
KRS
15A.342 requires the Office of Drug Control Policy
and KY-ASAP to promulgate administrative regulations necessary to carry out
KRS
15A.340 and
15A.344.
This administrative regulation establishes procedures for local boards to receive
ongoing funding and establishes reporting requirements for the boards.
Section 1. Definitions.
(1) "Good standing" means having completed and
provided both semiannual reports according to the requirements established in
Section 4 of this administrative regulation.
(2) "Kentucky Agency for Substance Abuse Policy"
or "KY-ASAP" means the agency established at
KRS
15A.340(1) to (3).
(3) "Local board" means that entity described at
KRS
15A.344(1).
(4) "Ongoing funds" means dollars distributed from
KY-ASAP for the purpose of supporting the strategic plans of local boards.
Section 2. Ongoing Funding Application
Process and Review.
(1) To request ongoing
funding, a local board shall:
(a) Complete an
application by the deadline during each funding period through:
1. The Justice and Public Safety Cabinet's
Electronic Grants Management System; or
2. Other application process as directed by
KY-ASAP; and
(b) Be in good
standing.
(2) Awards of
ongoing funding shall be:
(a) Contingent on
available funding; and
(b) Proportionate
based upon the number of counties in a local board.
(3) Factors used to evaluate the requests for
ongoing funding shall include:
(a) Compliance with
the frequency of meetings established in the local board's bylaws;
(b) Compliance with applicable Kentucky Revised
Statutes and Administrative Regulations;
(c) Relation of spending proposal to the mission
of KY-ASAP;
(d) Relation of spending
proposal to local board's strategic plan;
(e) Fiscal responsibility in handling funds from
previous allocations of funds from KY-ASAP;
(f) Effectiveness of the local board in its
community; and
(g) Performance of local
board in using previously requested funds in the manner for which the funds were
requested.
(4) If KY-ASAP
approves the funding, they shall notify:
(a) The
fiscal agent of the local board;
(b) The
chair of the local board; and
(c) If
applicable, the board coordinator.
(5) If funding is awarded, KY-ASAP and the fiscal
agent of the local board shall execute a contract in compliance with KRS Chapter
45A, to the extent funds are available.
Section 3. Continuing Obligations of Local Boards.
(1) A local board shall comply with the continuing
requirements after start-up contained in the Local Board Workbook incorporated by
reference in
500
KAR 20:010.
(2)
A local board shall provide to KY-ASAP within ten days a revised copy of the
document if it makes a revision in any of the following documents:
(a) Mission/vision statement;
(b) Existing strategy;
(c) Organizational chart;
(d) Decision making process;
(e) Bylaws;
(f) Conflict resolution policy;
(g) Recruitment plan;
(h) Needs and resource assessment; and
(i) Strategic plan.
(3) A local board shall notify KY-ASAP within ten
days in writing of changes in local board membership.
Section 4. Local Board Reports.
(1) A local board shall report in writing
semiannually to KY-ASAP on the following dates:
(a) January 15; and
(b) July 15.
(2) Each local board shall include the following
information in the semiannual report required by
KRS
15A.344(2):
(a) Information regarding the effectiveness,
efficiency, and efforts of the program, as required by
KRS
15A.344(2);
(b) Detail of expenditures made during the
reporting period;
(c) Detail of
strategic plan implementation;
(d)
Recommendations for increased or decreased funding; as required by
KRS
15A.344(2); and
(e) Changes in local board membership.
(3) KY-ASAP shall provide a copy of
each semiannual report to the KY-ASAP State Board.
(4) All notices and documents provided to KY-ASAP
shall be provided to the Office of Drug Control Policy at 125 Holmes Street,
Frankfort, Kentucky 40601.
(5) If a
local board fails to submit the required reports to KY-ASAP:
(a) The Executive Director of the Office of Drug
Control Policy shall notify the local board's fiscal agent and chair, by certified
letter, of the noncompliance, stating the reasons therefore;
(b) The local board may, within forty-five (45)
days of the date of notice, submit a plan of corrective action to the executive
director;
(c) The executive director
shall, within thirty (30) days of receipt of a plan of corrective action, respond,
in writing; and
(d) If the executive
director determines that the proposed plan fails to meet the requirements of this
administrative regulation, the executive director shall:
1. Present to the KY-ASAP State Board at its next
scheduled meeting, the finding of non-compliance and the reasons therefore,
accompanied by documentation supporting the decision; and
2. Take action to abolish the local
board.
(6) A local
board found in noncompliance, and whose proposed corrective plan is rejected, shall
return or reimburse KY-ASAP the amount of funds received during the period of
noncompliance, in accordance with the contract executed between the fiscal agent of
the local board and the Justice and Public Safety Cabinet, Office of Drug Control
Policy, Kentucky Agency for Substance Abuse Policy.
(7) A local board aggrieved by a finding of
noncompliance may appeal pursuant to KRS Chapter 13B.
STATUTORY AUTHORITY:
KRS
15A.342(19)