Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Division of Aging administers Older
Americans Act, state, and other funds in compliance with 45 C.F.R., Parts 80,
84 and 91, and Title VI of the Civil Rights Act. Each agency, contractor and
subgrantee is required to abide by these provisions, which prohibit
discrimination in service delivery and employment in division administered
programs on the basis of age, race, color, national origin, sex, religion, and
handicap.
(b) In carrying out its
responsibilities regarding discrimination, the Division of Aging shall perform
the following functions:
(1) Inform and
instruct Division of Aging staff regarding their obligations under the
aforesaid parts;
(2) Inform and
instruct all agencies and organizations which provide services, financial aid
or other benefits under Older Americans Act programs of their necessity to
comply with the aforesaid regulations as a condition to initial or continued
financial participation in the program;
(3) Inform beneficiaries, participants,
potential beneficiaries and other interested persons that services, financial
aid and other benefits of the program must be provided on a nondiscriminatory
basis as required by 45 C.F.R., Parts 80, 84 and 91 and Title VI of the Civil
Rights Act; and of their right to file a complaint with the Division of Aging
if there is evidence of discrimination on the basis of age, race, color,
national origin, sex, religion, or handicap.
(4) Inform division staff, other agencies on
aging, and older persons that referrals may not be made to agencies,
institutions, organizations, facilities, individual practitioners, etc. that
engage in discrimination;
(5)
Inform all grantees that they shall maintain a current properly executed Form
441 as a part of their official files. A copy of Form 441 is available at the
Division of Aging.
(6) Division of
Aging and grantee staff members shall conduct periodic reviews, including
on-site visits as appropriate, of the agencies and organizations participating
in Older Americans Act programs to assure that their practices are in
conformity with the Civil Rights Act, state and federal regulations and
policies, and executed statements of compliance.
(c) In addition, each agency, contractor and
subgrantee that employs 15 or more persons shall:
(1) adopt grievance procedures that
incorporate appropriate due process standards for the prompt and equitable
resolution of complaints by recipients of services and employees which allege
discrimination in service delivery on the basis of age, race, color, national
origin, sex, religion or handicap;
(2) designate at least one responsible
employee to coordinate compliance with this Section; and
(3) notify recipients of service, applicants
for service, applicants for employment and employees that it does not
discriminate in admission to or access to, or treatment or employment in, its
programs and activities on the basis of age, race, color, national origin, sex,
religion or handicap. The notification shall also include an identification of
the responsible employee designated pursuant to Subparagraph (2).
Authority
G.S.
143B-10;
143B-138;
143B-181.1;
45
C.F.R., Parts 80, 84, 91 and 1321;
Eff. October 1,
1988;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 23,
2015.
