Current through Register Vol. 39, No. 6, September 16, 2024
(a) Each applicant
and recipient shall provide citizens with an opportunity for meaningful
involvement on a continuing basis and for participation in the planning,
implementation and assessment of the program. Each applicant and recipient
shall provide information to citizens, hold public hearings, provide for timely
responses to citizens' complaints, and certify that it is following a detailed
Citizen Participation Plan as in (b) through (h) of this Rule. All public
hearings shall be held by the governing board of the applicant or
recipient.
(b) Citizen
participation in the application process.
(1)
Each applicant for CDBG funds shall:
(A)
Solicit and respond in a timely manner to views and proposals of citizens,
particularly low- and moderate-income persons, members of minority groups, and
residents of blighted areas where activities are proposed. Applicants shall
respond in writing to written citizen comments. Responses shall be made within
10 calendar days of receipt of the citizen comment, when practicable.
(B) Provide technical assistance to
facilitate citizen participation, where requested. The technical assistance
shall be provided to groups representative of persons of low- and
moderate-income that request such assistance in developing proposals. The level
and type shall be determined by the applicant.
(C) Provide notices of public hearings in a
timely manner to all citizens and in such a way as to make them understandable
to non-English speaking persons. Hearings must be held at times and locations
convenient to potential or actual beneficiaries and with accommodations for
persons with disabilities. A notice of the public hearing shall be published at
least once in the nonlegal section of a newspaper having general circulation in
the area. The notice shall be published not less than ten days nor more than 25
days before the date fixed for the hearing. The notice of public hearing to
obtain citizens' views after the application has been prepared, but prior to
the submission of the application to the Division, shall contain a description
of the proposed project(s) including the proposed project location, activities
to be carried out, and the total costs of activities. The notice of the public
hearing shall also contain the language for submitting objections contained in
the Part (b)(2)(A) of this Rule.
(D) Schedule hearings to obtain citizens'
views and to respond to citizen proposals at times and locations which permit
broad participation, particularly by low- and moderate-income persons, members
of minority groups, handicapped persons, and residents of blighted
neighborhoods and project areas.
(E) Conduct one public hearing during the
planning process to allow citizens the opportunity to express views and
proposals prior to formulation of the application, except that applicants in
the Urgent Needs category are exempt from holding this public
hearing.
(F) Conduct one public
hearing after the application has been prepared but prior to submission of the
application to the Division.
(2) Submitting objections to the Division.
(A) Persons wishing to object to the approval
of an application by the Division shall submit to the Division their objections
in writing. The Division shall consider objections made only on the following
grounds:
(i) The applicant's description of
the needs and objectives is plainly inconsistent with available facts and
data,
(ii) The activities to be
undertaken are plainly inappropriate to meeting the needs and objectives
identified by the applicant, and
(iii) The application does not comply with
the requirements of this Subchapter or other applicable laws.
(B) All objections shall include
an identification of the requirements not met. In the case of objections made
on the grounds that the description of needs and objectives is plainly
inconsistent with available facts and data, the objection shall include the
facts and data upon which the objection is based.
(c) Citizen Participation Plan.
Recipients shall develop and adopt, by resolution of their governing board, a
written citizen participation plan developed in accordance with all provisions
of this Rule and which:
(1) provides for and
encourages citizen participation with particular emphasis on participation by
persons of low- and moderate-income who are residents of slum and blight areas
and of areas in which CDBG funds are proposed to be used;
(2) provides citizens with reasonable and
timely access to local meetings, information, and records relating to the
recipient's proposed and actual use of funds;
(3) provides for technical assistance to
groups representative of persons of low- and moderate-income that request such
assistance in accordance with Part (b)(1)(B) of this Rule;
(4) provides for public hearings to obtain
citizen views and to respond to proposals and questions at all stages of the
community development program in accordance with Paragraphs (b), (f), and (g)
of this Rule;
(5) provides a
procedure for developing written responses to written complaints and grievances
within ten calendar days of receipt of the complaint. The procedure shall
include all provisions of Paragraph (d) of this Rule; and
(6) identifies how the needs of non-English
speaking residents will be met in the case of public hearings where a
significant number of non-English speaking residents can be reasonably expected
to participate.
(d) The
recipient shall develop and adopt a written complaint procedure to respond to
citizen complaints involving the CDBG program. The complaint procedure shall be
applicable through the life of the grant and available to the general public.
It shall specify that the recipient will respond in writing to written citizen
complaints within 10 calendar days of receipt of the complaint. The procedure
shall include a phone number for further information or clarification on the
complaint procedure and shall identify any local procedures or appeals process
that would normally be used by the recipient to address citizen complaints. The
complaint procedure shall also state that if a citizen lodging a complaint is
dissatisfied with the local response, then that person may direct the complaint
to the North Carolina Division of Community Assistance.
(e) Citizen participation during program
implementation. Citizens shall have the opportunity to comment on the
implementation of a Community Development Program throughout the term of the
program. Recipients shall solicit and respond to the views and proposals of
citizens in the same manner as in Part (b)(1)(A) of this Rule.
(f) Citizen participation in the program
amendment process.
(1) Recipient procedures.
(A) Recipients proposing amendments which
require prior Division approval in accordance with Rule .0910 of this
Subchapter shall to conduct one public hearing prior to submission of the
amendment to the Division in the same manner as in Part (b)(1)(C) of this
Rule.
(B) Each recipient shall
respond to citizen objections and comments in the same manner as in Part
(b)(1)(A) of this Rule.
(2) Submitting Objections to the Division.
(A) Persons wishing to object to the approval
of an amendment by the Division shall make such objection in writing. The
Division shall consider objections made only on the following grounds:
(i) The recipient's description of needs and
objectives is plainly inconsistent with available facts and data,
(ii) The activities to be undertaken are
plainly inappropriate to meeting the needs and objectives identified by the
recipient, and
(iii) The amendment
does not comply with the requirements of this Section or other applicable laws
and regulations.
(B) All
objections shall include an identification of the requirements not met. In the
case of objections made on the grounds that the description of needs and
objectives is plainly inconsistent with available facts and data, the objection
shall include the facts and data upon which the objection is based.
(g) Citizen
participation in the program closeout process.
(1) Recipients shall conduct one public
hearing to assess program performance during the grant closeout process and
prior to the actual closeout of the grant in the same manner as in Part
(b)(1)(C) of this Rule.
(2)
Recipients shall continue to solicit and respond to citizen comment in the same
manner as in Part (b)(1)(A) of this Rule until such time as the grant program
is closed.
(h) Persons
may submit written comments to the Division at any time concerning the
applicant's or recipient's failure to comply with the requirements contained in
this Subchapter.
(i) All records of
public hearings, citizens' comments, responses to comments and other relevant
documents and papers shall be kept in accordance with Rule .0911 of this
Subchapter. All program records shall be accessible to citizens in accordance
with Rule .0911(b) of this Subchapter.
Authority
G.S.
143B-10;
143B-431;
42 U.S.C.A.
5304(a)(2);
24 C.F.R. 570.486;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; June 1, 1993;
September 1, 1990; May 1, 1988; March 1, 1984;
Temporary Amendment
Eff. January 1, 2001;
Amended Eff. August 1, 2002;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. March 6,
2018.
