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times to work wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and inspection.

(m) That the facility will be operated and maintained in accordance with the minimum standards prescribed by the appropriate State regulatory agency for the maintenance and operation of such facilities.

(n) That the grantee will incorporate, or cause to be incorporated, into construction contracts paid for in whole or in part with funds obtained from the Federal Government under this subpart, such provisions on nondiscrimination in employment as are required by and pursuant to Executive Order No. 11246, and that the grantee will otherwise comply with requirements prescribed by and pursuant to such order.

(0) That, for a period of not less than 20 years after the completion of construction of the project, it will be used as a public or other nonprofit workshop or rehabilitation facility.

(p) That the applicant will conform to all the regulations of this subpart. § 402.23 Approval of State agency.

(a) The applicant shall be responsible for securing the advice and assistance of the appropriate State vocational rehabilitation agency or agencies. Each application shall be reviewed by the appropriate State vocational rehabilitation agency or agencies for approval. Approved applications shall be forwarded to the regional representative for Vocational Rehabilitation Administration review for approval.

(b) The approval by the State vocational rehabilitation agency or agencies shall contain or be accompanied by a statement indicating the relationship of the project to the purposes and priorities established in the State workshops and rehabilitation facilities plan, and the manner and extent to which the project will increase the scope and effectiveness of rehabilitation programs within the State with specific reference to the program of the State agency or agencies.

(c) Each applicant shall be notified In writing of the action on the application. Where applications are disapproved by the State agency, the applicant shall be notified by the State agency, giving the reasons for disapproval, and the State agency shall forward a copy of its letter to the Vocational Rehabilitation Administration.

§ 402.24 Amendment to an approved

application. Any amendment to an approved application resulting in a substantial change, shall be processed in the same manner as original applications. No such changes shall be put into effect without the approval of the Commissioner. § 402.25 Distribution of funds.

Federal funds available for construc.. tion projects will be distributed initially each year to each region on the basis of population. Opportunity will be given for the submittal of approvable applications from within each State. Funds may be redistributed from time to time during the year if they are not to be used within the region. § 402.26 Factors considered in evaluat

ing proposals. In approving applications, the Commissioner will give consideration to the availability of workshops and rehabilitation facilities and other pertinent factors. With respect to rehabilitation facilities, preference will be given to those which are primarily vocationally oriented, as contrasted with those which are primarily medically oriented. § 402.27 Federal financial participation.

(a) The amount of a grant with respect to any construction project shall be equal to the same percentage of the cost of the project as the Federal share which would be applicable in the case of a rehabilitation facility (as defined in sec, 625(g) of the Public Health Service Act, 42 U.S.C. 2910(g)) in the same location.

(b) Federal funds will be available for the following types of expenditures under projects approved by the Commissioner: (1) Costs of construction contracts; (2) architects' fees; (3) acquisition of land; (4) acquisition of existing buildings; (5) site survey and soil investigation; (6) supervision and inspection at the site; (7) fixed equipment; (8) movable equipment; and (9) other costs specifically approved in the application.

(c) Federal funds shall not be available for the costs of off-site improvements. $ 402.28 Construction payments.

Payments will be made on the basis of a certification by a qualified individual as to the amounts due the applicant for

the cost of work performed and materials will be so utilized and are substantially and equipment furnished. Such certi- equivalent in nature and extent for such fication shall be based on adequate in- purposes. spections to determine that the work has been performed upon a project or

Subpart D-Initial Staffing Grants purchases have been made in accordance AUTHORITY: The provisions of this Subpart with the approved plans and specifica- D issued under sec. 7(b), 68 Stat. 658, 29 tions. Payments shall be made at

U.S.C. 37(b). periodic intervals consistent with the & 402.40 Purpose. construction progress of the project. In extraordinary circumstances when nec

Initial staffing grants authorized in essary to maintain construction prog

section 12(f) of the act shall be made ress, advance payments may be made.

for the purpose of paying part of the Final payment shall not be made until

costs of compensation of the initial proafter the completion of the project.

fessional and technical staff of any pub

lic or nonprofit workshop or rehabilita§ 402.29 Construction standards.

tion facility constructed after November Approved projects shall be constructed 8, 1965. according to general standards of con

§ 402.41 Professional and technical staff. struction and equipment for workshops and rehabilitation facilities prescribed

Professional and technical staff for by the Commissioner under this pro

purposes of this section shall include gram. Applicable State and local rules such staff as workshop directors, placeand regulations must be observed. The

ment specialists, foremen, floor superCommissioner's standards must be fol

visors, vocational instructors, physicians, lowed where they exceed any State and

nurses, psychologists, social workers, volocal codes and regulations.

cational evaluators, vocational coun

selors, physical therapists, occupational § 402.30 Recovery: good cause for other therapists, speech and hearing patholuse of facility.

ogists, administrators, special educators, (a) If, within 20 years after comple- business managers, medical record lition of any construction project for brarians, aides in professional fields, and which funds have been paid under this

staff in such other positions as the section, the workshop or rehabilitation

Commissioner may approve. facility shall cease to be a public or other & 402.42 Construction of workshops or nonprofit workshop or rehabilitation fa

rehabilitation facilities. cility, the United States shall be entitled to recover from the applicant or other

Initial staffing grants may be made owner of the workshop or facility the

only with respect to operation of a workamount bearing the same ratio to the

shop or rehabilitation facility following then value (as determined by agreement

construction. Preference shall be given of the parties or by action brought in

to the staffing of workshops and rehabillthe U.S. district court for the district

tation facilities constructed with assistin which such workshop or facility is

ance under Subpart C of this rt. situated) of the workshop or facility, as

Where the workshop or facility was in the amount of the Federal participation

operation prior to construction, an bore to the cost of construction of such

initial staffing grant shall be made only workshop or facility.

for additional staff which enables the (b) In determining whether there is

workshop or facility to provide new good cause for releasing the applicant

services or extend existing services to a or other owner of the facility from its

substantially increased number of cliobligation, the Commissioner shall take ents. Remodeling, renovation or alterinto consideration the extent to which:

ation of existing rehabilitation facilities (1) The facility will be devoted by the

and workshops shall be extensive enough applicant or other owner to use for an

to indicate clearly the addition of new other public or nonprofit purpose which services or the extension of existing will promote the purpose of the act; or services to a substantially increased num

(2) There are reasonable assurances ber of clients. If the requirements for that for the remainder of the 20-year a grant are met in each instance, there period other public or nonprofit facilities shall be no maximum number of initial pot previously utilized for the purpose staffing grants for which a workshop or for which the facility was constructed facility may be eligible.

S 402.43 Applications.

bilitation agency

or agencies. Each The application for initial staffing

application shall be reviewed by the apgrants may be made prior to the com

propriate State vocational rehabilitation mencement of operation of a workshop

agency or agencies for approval. Apor rehabilitation facility or during the

proved applications shall be forwarded 15-month period following the com

to the regional representative for Vocamencement of operation of the workshop

tional Rehabilitation Administration or rehabilitation facility. Applications

review for approval. shall be in the form and detail required

(b) The approval by the State vocaby the Commissioner. The project ap

tional rehabilitation agency or agencies plication shall include (a) a narrative

shall contain or be accompanied by a description of the workshop's or rehabili

statement indicating the relationship of tation facility's existing program services

the project to the purposes and priorities and staff, (b) a list of job titles and job

established in the State workshops and specifications of staff positions for which

rehabilitation facilities plan and shall assistance is requested, (c) estimates of

indicate the manner and extent to which salary needs for initial 15 months of

the project will increase the scope and

effectiveness of rehabilitation programs assistance and for the following 3-year period, (d) a financial statement for the

within the State with specific reference most recent year of operation, (e) a

to the program of the vocational reha

bilitation agency. narrative description of the need for personnel, (f) a narrative description of

(c) Each applicant shall be notified in the related construction project, (g)

writing of the action on the application. evidence of new services or of the exten

Where an application is disapproved by sion of services to an additional number

the State agency, the applicant shall be of clients, (h) a description of the work

notified by the State agency, giving the shop's or rehabilitation facility's plans

reasons for disapproval, and the State for assuming the full cost of staffing at

agency shall forward a copy of its letter the termination of the grant, (i) in the

to the Vocational Rehabilitation Admincase of a grant for a private, nonprofit

istration. workshop, assurance that applicable § 402.45 Federal financial participation. Federal and State wage and hour stand

The amount of Federal financial parards will be observed or, in the case of

ticipation under an initial staffing grant a grant for a workshop operated by a

shall be related directly to the date of the State, county or municipal government,

commencement of the operation of the assurance that the workshop will comply with wage and hour standards specified

workshop or rehabilitation facility. The

date of commencement of operation of a by the Commissioner, which will be at least equal to those imposed by the Fed

workshop or rehabilitation facility shall

be that date on which the first client is eral Fair Labor Standards Act, (j) assurance that the workshop or rehabilita

admitted for services after the comple

tion of the related construction project tion facility meets safety standards spec

or such earlier date after completion ified by the Commissioner, (k) assurance that salaries are commensurate with the

of such project as is specified in the

approved application for the initial staffduties performed, (1) proposed starting

ing grant. A grant shall not exceed 75 date for the staffing project, (m) an

per centum of eligible compensation costs agreement to make such financial and

(including salary and fringe benefits) administrative reports and to keep such

for the period ending with the close of records and accounts as the Commis

the 15th month following the month in sioner may require and to make such

which such operation commenced, 60 per records and accounts available for audit

centum of such costs for the first year purposes, and (n) such other informa

thereafter, 45 per centum of such costs tion as the Commissioner may require. Initial staffing grant applications may be

for the second year thereafter, and 30 submitted either in conjunction with a

per centum of such costs for the third construction grant application or inde- year thereafter. pendently.

§ 402.46 Payments. & 402.44 Approval of State agency.

Payment of the Federal share of the (a) The applicant shall be responsible costs of the initial staffing project shall be for securing the advice and assistance of made quarterly, or for such other period the appropriate State vocational reha- as the Commissioner may determine, as

an advance for estimated costs or as reimbursement to the grantee. The initial payment shall be made shortly after the application has been approved. 8 402.47 Termination.

If for any reason the grantee discontinues an approved project, the grantee shall notify the regional representative and the State agency in writing, giving the reasons for termination, an accounting of funds granted for the project, and other pertinent information. The grant may be terminated, in whole or in part, at any time at the discretion of the Commissioner. The grantee and the State agency will be given prompt notice of the termination, including the reasons therefor. Such termination shall not affect obligations incurred prior to the termination of the grant. Upon termination or completion of a project, the proportion of unexpended funds attributable to the Federal grant shall be refunded. Subpart E--Workshop Improvement

Grants AUTHORITY: The provisions of this Subpart E issued under sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b). § 402.50 Purpose.

Workshop improvement grants authorized in section 13(b) of the act shall be made for paying part of the cost of projects for workshops to analyze, improve, and increase their professional services to the handicapped, their business management or any other part of their operations affecting their capability to provide employment and services for the handicapped. § 402.51 Eligible applicants.

Any public or other nonprofit workshop which has been in operation for at least 12 months (or an organization directly responsible for operation of such a workshop) shall be eligible to apply for a workshop improvement grant. Every application shall demonstrate a reasonable expectation that the grant will enable the workshop to make substantial progress towards meeting the standards of the Commissioner developed with the advice of the National Policy and Performance Council. In the case of workshops already meeting such standards of the Commissioner, the application shall demonstrate a reasonable expectation that the grant will make possible substantial improvement in the services of the workshop.

$ 402.52 Applications.

Applications for workshop improvement grants may be made at any time. Applications shall be made in the form and detail required by the Commissioner. The project application shall include (a) a detailed description of existing needs for improvement; (b) a statement of the extent to which the workshop improvement grant will make possible such improvement; (c) a proposed project budget; (d) in the case of a grant for a private, nonprofit workshop, assurance that applicable Federal and State wage and hour standards will be observed or, in the case of a grant for a workshop operated by a State, county or municipal government, assurance that the workshop will comply with wage and hour standards specified by the Commissioner, which will be at least equal to those imposed by the Federal Fair Labor Standards Act; (e) assurance that the work. shop meets safety standards prescribed by regulations of the Secretary of Labor; (f) an agreement to make such administrative and financial reports and to keep such records and accounts as the Commissioner may require and to make such records and accounts available for audit purposes; (g) a description of plans for maintaining the improvement after the expiration of the period of Federal assistance; and (h) such other information as the Commissioner may require. Applications for grants for salary assistance shall also include (i) a description of how existing staff are and will be utilized; (j) description of qualifications and utilization of additional staff; and (k) assurance that salaries of staff assisted through the grant will be commensurate with the duties performed. $ 402.53 Technical assistance consulta.

tion. The Commissioner may require that a technical assistance consultation precede the award of any workshop improvement grant in the amount of $5,000 or more. Such consultation shall be performed by a consultant acceptable to both the Commissioner and the appropriate State agency. $ 402.54

Review by State agency. (a) The applicant shall be responsible for securing the advice and assistance of the appropriate State vocational rehabilitation agency or agencies. Each application shall be reviewed by the ap

propriate State vocational rehabilitation $ 402.57 Distribution of funds. agency or agencies prior to forwarding

Federal funds available for workto the regional representative for Voca

shop improvement grants will be distribtional Rehabilitation Administration re

uted initially each year to each region view for approval.

on the basis of population, with a view to (b) The State vocational rehabilita

making grants available for workshop tion agency or agencies shall indicate its

in each State. Funds may be redistribrecommendations for approval or dis

uted from time to time during the year approval, which shall contain or be ac

if they are not to be used within the companied by a statement indicating the

region. relationship of the project to the purposes and priorities established in the

$ 402.58 Payments. State workshops and rehabilitation fa Payments of the Federal share of the cilities plan and shall indicate the man cost of the workshop improvement projner and extent to which the project will ect shall be made quarterly, or for such increase the scope and effectiveness of other period as the Commissioner may rehabilitation programs within the State determine, as an advance for estimated with specific reference to the program costs or as reimbursement to the grantee. of the vocational rehabilitation agency. The initial payment shall be made

c) Each applicant shall be notified shortly after the application has been in writing of the action on the applica approved. tion, by the Vocational Rehabilitation Administration.

$ 402.59 Reports.

The grantee shall submit to the re§ 402.55 Federal financial participation.

gional representative and to the State Federal financial participation shall agency periodic activity reports describbe available for the following types of ing the effect of the grants in improving expenditures under approved projects: the workshop. Financial, administrative (a) Staff salary assistance (including and activity reports shall be submitted fringe benefits) in the employment of in the form and at the intervals preadditional staff; (b) staff development scribed by the Commissioner. activities, including educational leave;

§ 402.60 Termination. (c) studies by a recognized expert or consultant concerning the professional

If for any reason the grantee disconor business practices within the work

tinues an approved project, the grantee shop; (d) purchase or rental of equip

shall notify the regional representative ment; and (e) other forms of assistance

and the State agency in writing, giving to workshops to carry out the purposes

the reasons for termination, an accountof this subpart as may be approved in

ing of funds granted for the project, and the application. Federal financial par

other pertinent information. The grant ticipation shall not be available to pay

may be terminated, in whole or in part, costs of acquiring, constructing, expand

at any time at the discretion of the Coming, remodeling or altering any building.

missioner. The grantee and the State Federal participation shall not exceed

agency will be given prompt notice of 90 per centum of the total project cost.

the termination, including the reasons

therefor. Such termination shall not § 402.56 Grant awards.

affect obligations incurred prior to the All grant awards shall be in writing, termination of the grant. Upon termishall set forth the amount of funds nation or completion of a project, the granted, and shall constitute for such

proportion of unexpended funds attribamounts the encumbrance of Federal

utable to the Federal grant shall be

refunded. funds available for such purpose on the date of the award. The initial award Subpart F-Technical Assistance to shall also specify the project period (not

Workshops in excess of 3 years) for which support AUTHORITY: The provisions of this Subpart is contemplated if the activity is satis F issued under sec. 7(b), 68 Stat. 658, 29 factorily carried out and Federal funds U.S.C. 37(b). are available. For continuation support, $ 402.65 Furnishing of technical assist. grantees must make separate application in the form and detail prescribed by the Technical assistance authorized in secCommissioner.

tion 13(c) of the act will be furnished,

86-096-68-_-35

ance.

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