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gram shall provide for the inservice training of personnel for the purpose of providing a high quality of services to older persons. If the staff development program includes leaves of absence for institutional or other organized training for professional personnel, the State plan shall specify the policies governing such educational leave.

§ 903.17 Nondiscrimination and civil rights.

Attention is called to the requirements of Title VI of the Civil Rights Act of 1964. Section 601 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. section 2000d). The regulation implementing such Title VI has been issued by the Secretary with the approval of the President (Part 80 of this title) and is applicable to Federal financial assistance extended under this part.

THE STATE PLAN-THE AGING PROGRAM § 903.18 Financial participation.

The State plan shall provide for such financial participation by the State, or communities, with respect to activities and projects under the State plan as to assure continuation of desirable activities and projects after termination of Federal financial support under Title III of the Act. Financial participation may also be derived from agencies or organizations conducting projects and from other non-Federal sources. Such financial participation on the part of the State, communities, or other non-Federal sources, may be in the form of monies, facilities, or services for carrying out the activity or project approved under the State plan.

§ 903.19 Development of programs and activities.

(a) The State plan shall provide for development of programs and activities for older persons for carrying out the purposes of the Act, including an identification of the types and kinds of activities and projects relating to community planning and coordination, demonstrations, training, and the establishment of new or expansion of existing programs (including centers).

(b) The State plan shall also provide for the furnishing of consultative, technical, and information services to public and nonprofit private agencies and organizations engaged in activities relating to the special problems and welfare of older persons, and for coordinating the activities of such agencies and organizations to the extent feasible.

§ 903.20 Cooperation with other agencies and organizations.

The State plan shall provide for consultation with and utilization, pursuant to agreement with the head thereof, of the services and facilities of appropriate State or local public or nonprofit private agencies and organizations in the administration of the plan and in the development of such programs and activities.

§ 903.21 Principles and priorities of State projects.

The State plan shall set forth principles for determining the priority of projects in the State, and provide for approval of such projects in the order determined by application of such principles.

§ 903.22 Eligibility of applicants.

The plan shall provide for approval of projects of only public or nonprofit private agencies or organizations. § 903.23 Approval of projects.

The State plan shall provide that, after review and recommendation by a technical review committee, the project will be submitted to the State agency for action.

§ 903.24 Opportunity for hearing.

The State plan shall provide for an opportunity for a hearing before the State agency for any applicant whose application for approval of a project is denied.

§ 903.25 Reports.

The State plan shall provide that the State agency will make such reports to the Secretary in such form and containing such information as may reasonably be necessary to enable him to perform his functions under Title III of the Act, and shall keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

ALLOTMENTS AND FEDERAL FINANCIAL PARTICIPATION

§ 903.26 Allotments to the States.

The funds appropriated pursuant to section 301 of the Act for any fiscal year for grants to States shall be allotted among the States in the following man

ner:

(a) From the sum appropriated for a fiscal year under section 301, (1) the Virgin Islands, Guam, and American Samoa shall be allotted an amount equal to onehalf of 1 per centum of such sum, and (2) each other State shall be allotted an amount equal to 1 per centum of such

sum.

(b) From the remainder of the sum so appropriated for a fiscal year each State shall be allotted an additional amount which bears the same ratio to such remainder as the population aged 65 or over in such State bears to the population aged 65 or over in all the States.

(c) A State's allotment for a fiscal year under this part shall be equal to the sum of the amounts allotted under paragraphs (a) and (b) of this section.

§ 903.27 Reallotments to the States.

The amount of any allotment to a State under § 903.26 for any fiscal year which the State notifies the Secretary will not be required for carrying out the State plan (if any) approved under this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (a) have need in carrying out their State plans so approved for sums in excess of those previously allotted to them under § 903.26, and (b) will be able to use such excess amounts for projects approved by the State during the period for which the original allotment was available. Such reallotments shall be made on the basis of the State plans so approved, after taking into consideration the population aged 65 or over. Any amount so reallotted to a State shall be deemed part of its allotment under § 903.26.

§ 903.28 Federal financial participation. The allotment of any State under Title III of the Act for any fiscal year shall be available for grants to pay part of the costs of projects in such State described in § 903.1 and approved by such State, in accordance with its approved State plan, prior to the end of such year or, in

the case of allotments for the fiscal year ending June 30, 1966, prior to July 1, 1967. To the extent permitted by the State's allotment under this section, payments with respect to any project shall equal 75 percentum of the cost of such project for the first year of the duration of such project, 60 per centum of such cost for the second year of such project, and 50 per centum of such cost for the third year of such project; except that (a) at the request of the State such payments may be less than such percentage of the cost of such project stated above, and (b) grants may not be made under this Title for any such project for more than 3 years or for any period after June 30, 1972.

§ 903.29 Expenditure of grant funds.

(a) The provisions of State or local law which are applicable to the expenditure of moneys appropriated by State or local subdivisions respectively shall apply respectively to Federal moneys paid to the State under Title III of the Act.

(b) Unless otherwise covered by State law, all encumbrances of grant funds by project grantee of such State agency shall be liquidated within 2 years after the end of the fiscal year in which the encumbrance was incurred unless otherwise authorized by the Secretary except that encumbrances of grant funds under projects approved in fiscal year 1966 must be liquidated by June 30, 1969. Grant funds as used in this section means Federal funds and all other resources used to earn Federal matching funds for the purposes of implementing the State plan under the Act.

§ 903.30 Costs of administration.

From the State's allotment under § 903.26 for a fiscal year, not more than 10 percent or $15,000, whichever is larger, shall be available for paying one-half (or such smaller portion as the State may request) of the costs in administering the approved State plan, including the costs of carrying out the functions referred to in § 903.19.

§ 903.31 Audit.

All fiscal transactions by the State agency, any other agency (if any) administering part of the plan, and any project grantee under the Act are subject to audit by the Office of Audit of the Department to determine whether

forgery, obtaining money or goods under false pretenses, perjury, or theft, or if so convicted his right to vote has been restored by the legislature.

(6) He has not been declared legally insane by a court, or if so declared he has been subsequently declared legally sane or competent by a court.

(7) He is not otherwise registered or listed as eligible to vote in the county in which he applies for listing.

A person who has all the above qualifications is qualified to be listed as an eligible voter in municipal elections if he will have lived in his city, town, or village for one year by the date of the next election, unless he has, within two years before the next municipal election, been convicted within the municipality of violating the liquor laws of the State or the municipality. However, if the person is a minister or the wife of a minister of the Gospel in charge of an organized church, that person is qualified to be listed as an eligible voter in municipal elections if he or she will have lived in the city, town, or village for six months by the date of the next election.

SOUTH CAROLINA

A person is qualified to be listed as an eligible voter in elections in the State of South Carolina, except municipal elections, if he has all the following qualifications at the time he applies for listing and if he takes the required oath or affirmation.

(1) He is 21 years of age.

(2) He is a citizen of the United States and of the State of South Carolina.

(3) He will have lived in the State of South Carolina for one year, in his county for six months, and in his precinct for three months by the date of the next election. However, if the person is a minister in charge of an organized church or a teacher in the public schools, or the spouse of such a minister or teacher, that person is qualified if he or she will have lived in the State of South Carolina for six months by the date of the next election.

(4) He has not been convicted of burglary, arson, obatining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, housebreaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegnation, larceny, challenging or accepting a challenge to duel with a deadly weapon, or crimes against the election laws, or if so convicted his right to vote has been restored by pardon.

(5) He has not been declared legally insane, idiotic, or incompetent by a court, or if so declared he has subsequently been declared legally sane or competent by a court. (6) He is not a pauper supported at public expense.

(7) He is not otherwise registered or listed as eligible to vote in the county in which he applies for listing.

A person who has all the above qualifications is also qualified to be listed as an eligible voter in municipal elections if he will have lived in his city or town for four months by the date of the next election. [30 F.R. 9913, Aug. 10, 1965; 30 F.R. 10052, Aug. 12, 1965 as amended at 30 F.R. 11104, Aug. 27, 1965; 30 F.R. 14046, Nov. 6, 1965] § 801.205 Action on the application.

At the time of filing the application and in the presence of the applicant, the examiner shall review the application and make such examination as is necessary to determine whether the applicant has the prescribed qualifications. If the applicant has the prescribed qualifications, the examiner shall give him a certificate, on the form prescribed by the Commission, evidencing his eligibility to vote and enter his name on an eligibility list, the form for which is prescribed by the Commission. If the applicant does not have the prescribed qualifications, the examiner shall give him a notice of ineligibility for listing, on the form prescribed by the Commission.

§ 801.206

Review of notice of ineligibility for listing.

An applicant may obtain a review of a notice of ineligibility for listing by executing the request for review contained on that notice and returning it to the examiner or by filing a written request, either personally or through a representative, with the Examiner (State Supervisor), U.S. Civil Service Commission, in the State involved at the address set out in Appendix C to this part and incorporated in and made a part of this section. The request shall be submitted within 10 days from the date of the notice of ineligibility for listing. The request shall set forth the applicant's reason for contesting the notice of ineligibility for listing. The Examiner (State Supervisor) shall notify the applicant or his representative and the examiner concerned of his decision. When the Examiner (State Supervisor) finds the applicant has the prescribed qualifications, he shall direct the examiner concerned to give the applicant a certificate evidencing his eligibility to vote and to enter his name on the eligibility list. There is no administrative

(b) A hearing officer may quash a subpena for good cause shown.

(c) The party at whose request a subpena is issued is responsible for arranging for service. The officer or person making service shall show the original subpena to the person served, read the subpena to him if he is unable to read, and deliver a copy of the subpena to him.

(d) When a U.S. Marshal or his deputy serves a subpena, he shall evidence the service by his return on the subpena. When someone other than a U.S. Marshal or his deputy serves a subpena, the person serving the subpena shall make an affidavit, stating the date, time, and the manner of service, and shall return the affidavit on, or with, the original subpena in accordance with the form thereon. When the U.S. Marshal, his deputy, or other person, as appropriate, cannot serve the subpena, he shall state his reason for the failure on the original subpena. When the person named in the subpena accepts service of the subpena in writing, no other evidence of return is necessary. The person responsible for serving a subpena shall return the original subpena, bearing or accompanied by the required return, affidavit, statement, or acceptance of service, to the officer presiding at the hearing at which the person subpenaed is required to appear.

§ 801.314 Evidence.

(a) the application of the challenged person is prima facie evidence that he has the qualifications that are stated in the application.

(b) Rules of evidence are not strictly applied but the hearing officer shall exclude irrelevant or unduly repetitious evidence.

(c) Each exhibit of a documentary character shall be submitted to the hearing officer, duly marked, and made a part of the record. An exhibit does not become evidence unless received in evidence by the hearing officer.

§ 801.315 Decision.

The hearing officer who presided at the hearing, unless he has become unavailable, shall decide the case on the record. If no hearing is held, the hearing officer to whom the challenge was assigned shall decide the case on the record. The decision shall be in writing

and shall state the reasons or basis for the decision. Copies of the decision shall be served on the parties. The decision shall be issued not more than 15 days after the challenge is docketed under § 801.305. The record, including the decision, shall be certified as true and complete by the hearing officer and forwarded to the Examiner (State Supervisor), U.S. Civil Service Commission in the State involved at the address set out in Appendix C to this part. It shall be available to interested persons at that office.

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When a hearing officer sustains a challenge, he shall, after the courts have finally sustained his decision or the time for petitioning for a court review of that decision has expired, instruct an examiner to remove the name of the challenged person from the eligibility list and cancel that person's certificate evidencing his eligibility to vote. The examiner shall notify the challenged person, the appropriate election official, the Attorney General, and the attorney general of the appropriate State of his action. § 801.317 Appeal.

There is no administrative appeal from the decision of a hearing officer or from any of his rulings. A petition for review of the decision of a hearing officer may be filed in court as provided in the Act.

Subpart D-Removals From
Eligibility List

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The subpart prescribes the bases and procedures for removals from eligibility lists under the Act.

§ 801.402 Bases for removals.

An examiner shall remove the name of a person from an eligibility list: (a) Pursuant to the instruction of a hearing officer under § 801.316;

(b) Pursuant to the order of a court having jurisdiction under the Act;

(c) When the examiner determines that the listed person has lost his eligibility to vote under State law not inconsistent with the Constitution and the laws of the United States and in accordance with the instructions concerning

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(a) Publications. Grantees under this part may publish results of any projects without prior review by the Administration on Aging, provided that such publications carry a footnote acknowledging assistance received under the Act, and that the claimed findings and conclusions do not necessarily reflect the views of the Administration on Aging, and provided that copies of the publication are furnished to the Administration on Aging.

(b) Copyright. Where the grantsupported activity results in a book or other copyrightable material, the author is free to copyright, but the Administration on Aging reserves a royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the grant-supported activity.

(c) Inventitons. Any invention arising out of the grant-supported activity shall be promptly and fully reported to the Administration on Aging. Ownership and the manner of disposition shall be determined by the Secretary in accordance with Department patent regulations and policy.

CONTRACTS

§ 904.14 Contracts.

(a) Eligibility. The Secretary is authorized to make contracts to carry out the purposes of this part with any public or private nonprofit agency, organization or institution (except Federal agencies and institutions), or with any individual, after consulting with the designated State agency.

(b) Provisions. Any contract under this part shall be entered into in accordance with and shall conform to all applicable laws, regulations and Department policy.

(c) Payments. Payments may be made in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. To the extent he deems it appropriate, the Secretary shall require the contractor to contribute money, facilities, or services for carrying out the project for which the contract was made.

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The Secretary, after consulting with the designated State agency, is authorized to make grants to any public or nonprofit private agency, organization, or institutions (except Federal agencies and institutions) for paying in whole or part the costs of projects designed to carry out the purposes of this part. § 905.3 Application.

Any applicant eligible for a grant award under § 905.2 may file application therefor with the Secretary on such forms and in such detail as the Secretary may prescribe. Such application shall set forth adequately the nature, duration, purpose and plan of the project, the qualifications of the principal staff members to be responsible for the project, the total facilities and resources that will be available, a justification of the amount of the requested grant, and

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