Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Regional Director or his or her designated representative shall evaluate each
county department of social services not less than every three years, to
determine compliance with Rule .0103 of this Subchapter using form DSS-1414 for
each location. The county director of social services or his or her designee
shall verify compliance with Rule .0103 of this Subchapter using form
DSS-1414.
(b) At the conclusion of
an evaluation, the Regional Director or his or her designated representative
who was the reviewer shall meet with the director of the county department to
discuss the findings. Following this exit conference, the reviewer shall
prepare a written report and transmit the report to the Regional Director. If
the findings of the review indicate the county department is in compliance, the
Regional Director shall, within 30 days of the date of the evaluation, forward
a copy of the administrative review report to the agency director, the local
social services board chairman, the chairman of the local board of county
commissioners, and the county manager through a letter indicating the agency's
compliance. If the county department is not in compliance, the following steps
shall be taken within 30 days of the date of the evaluation:
(1) The Regional Director shall send a copy
of the evaluation report to the county director, the local social services
board chairman, the chairman of the local board of county commissioners and the
county manager setting forth the following information:
(A) the specific findings of non-compliance
and what is required to come into compliance;
(B) notification that the agency has 90 days
from the receipt of the report to come into compliance in these areas or to
develop and submit to the division a corrective action plan. The division shall
provide consultation and technical assistance regarding the areas of
non-compliance to the local agency upon request; and
(C) notification to the agency that all
federal and state administrative funds will be withheld should the county fail
to comply or submit a corrective action plan within 90 days of notification of
non-compliance.
(2) In
the event that the county department submits a corrective action plan to the
division within the 90 day notice period, the Regional Director shall review
the corrective action plan to ensure that it addresses each specific finding of
non-compliance, and that the implementation of the corrective action plan can
be expected to bring the agency into compliance.
(3) Within 30 days after receipt of the plan,
the Regional Director shall approve the plan if each finding has been addressed
in accordance with Rule .0103 of this Subchapter or indicate how the county
department can amend the corrective action plan in order to obtain approval.
After a corrective action plan has been approved, the Regional Director shall
monitor the agency's progress towards compliance and inform the agency, the
local social services board chairman, the chairman of the local board of county
commissioners and the county manager of its findings in writing. If the
findings indicate that the agency is not making progress towards compliance in
accordance with its corrective action plan, the Regional Director shall so
notify the agency, the local social services board chairman, and the chairman
of the local board of county commissioners in writing that the agency has an
additional 60 days from receipt of the notice to achieve compliance. If the
agency does not achieve compliance or make progress towards compliance in
accordance with its corrective action plan within the additional 60 day period,
withholding shall commence in accordance with the procedures set forth in
Subparagraph (b)(5) of this Rule.
(5) In the event that the county department
of social services fails to submit a corrective action plan within the 90-day
notice period, the division director shall, within 30 days of the above
referenced notification of county authorities, recommend to the Secretary the
withholding of federal and state administrative funds. If the Secretary concurs
with the division director's recommendation, the Secretary shall, within 30
days of the division director's recommendation, notify the agency director, the
local social services board chairman, the chairman of the local board of county
commissioners, and the county manager of the decision to use enforcement
methods in accordance with 45 CFR 205.170 to ensure
compliance. If the county department appeals the decision under the procedures
outlined in Paragraph (c) of this Rule, the enforcement action shall be
deferred until the conclusion of the hearing and any subsequent
appeals.
(c) A county
department of social services which is not in compliance and has been notified
by the Secretary may appeal. If an appeal is desired, the county is required to
file a hearing request with the Office of Administrative Hearings in accordance
with Article 3 of G.S. 150B.
