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mitted to the Office of Economic Oppor any Policy Advisory Committee of the tunity.
agency; (v) Copies of all books of account (xii) Current lists of the names and maintained by the agency with respect addresses of all members of the agency, to its development, conduct, or adminis its Board of Directors, its Executive tration of any program or project as Committee, or any other governing body sisted by the Office of Economic Oppor which has the power to make decisions tunity.
on behalf of the agency, and any Policy (vi) Copies of all contracts made in Advisory Committee, and any Commitconnection with the administration of tees of any governing body; any program or project assisted by the (xiii) Copies of current and past Office of Economic Opportunity, includ budgets of the agency and reports of ing contracts for conduct and adminis completed audits of the accounts of the tration of program components, con agency by any certified public accounttracts for consultant services, and con ant or State or local official; and tracts for the purchase of goods and (xiv) Copies of current and past State services, as well as copies of all purchase and Federal tax returns filed by the orders, invoices, and other documents agency. evidencing the expenditure of project (3) Conditions of public inspection funds.
and examination. () In any case in (vii) With respect to any assistance which books and records or other docuwhich has been received by the agency ments are required by the regulations in under Title II-A or Title III-B of the this section to be made available for Economię Opportunity Act, copies of the public inspection and examination, they application for such assistance, the must be made available at the principal statement of grant or similar document office of the disclosing agency. They indicating approval of the application must be made available during regular and extension of assistance by the Of business hours on each regular workday fice of Economic Opportunity, and all (Monday through Friday of each week, documents accompanying such state official local holidays excepted). In the ment of grant or similar document or case of documents being used for official authorizing changes in the grant as orig purposes at the time request for inspecinally approved.
tion and examination is made, the docu(viii) Copies of all report forms sub ments shall be made available not later mitted by the agency to the Office of than 5 business days after the receipt of Economic Opportunity with respect to such request. Facsimile copies will also the development, conduct, or administra be furnished to any person upon request. tion of any program assisted by the Of If the agency uses its own reproduction fice of Economic Opportunity, except equipment, it may charge a fee of 10 that this subparagraph shall not apply cents or less for each page. If other to reports of data about identifiable per equipment is used, the fee charged shall sons who are the beneficiaries of the not exceed the actual cost of the service programs.
to the agency. (ix) Current lists of names of em (ii) In any case in which an agency ployees of the agency, including enrollees concludes that a document should not in programs under the Economic Op be made public, even though required portunity Act, together with their job under the regulations of this section to descriptions and their rates of com be disclosed, the agency shall immepensation;
diately contact the appropriate Regional (x) Copies of articles of incorporation Director of the Office of Economic Opand bylaws of any private agency, or portunity in writing. The writing shall copies of any official acts governing the contain a description of the document creation and operation of a public and a full explanation of the justification agency, and copies of any similar docu for the agency's conclusion that the ments which provide the basic authority document is not of a public nature. The of the agency or the basic rules for its Regional Director will, in such cases, governance;
make a prompt determination as to (xi) Copies of records of actions taken whether the document should be made at all meetings of the Board of Direc public. tors, Executive Committee, or other gov (4) Additional information. erning body which has the power to make The above enumeration of books and decisions on behalf of the agency, and records and other classes of public infor
mation should not be considered exhaus- cases hearings should be held at neightive. An agency which is assisted by the borhood locations. Public notice of each Office of Economic Opportunity, or which hearing shall state the time and place at is seeking such assistance, should make which the hearing shall be held, and shall documents relating to such assistance be given not less than 10 days before the available to the public to the maximum day of the hearing. Notice of a hearing extent possible. Except in cases where shall be given by: disclosure of documents would involve an (i) Submitting formal notice of the Invasion of privacy, would impose an un- hearing to at least one newspaper of gendue administrative burden on the agency, eral circulation within the geographical or would interfere with the internal deci- area to be served by the agency for insion-making processes of the agency, the clusion as a legal notice. agency should permit examination and (ii) Posting a formal notice of the inspection of all such documents re- hearing in a prominent place at the quested by any person.
principal office of the agency, at the (c) Requirement of public hearing- county court house, at the city hall of (1) Hearing requested by any person or any major city within the area, and at group. Any agency which has received any other place where official notices are a grant under section 204 or section 205 regularly posted. of the Economic Opportunity Act shall (iii) Forwarding a formal notice of hold a public hearing in response to a the hearing (a) to every newspaper with written request for such a hearing by any a daily or weekly circulation of more person or group in the community served. than 5,000 copies in the geographical area The hearing shall be held within 30 days for which the agency has been recognized of the receipt of the request by the as a community action agency or in agency. A request for a hearing shall which the agency expends or seeks to include a statement of the basic issue or expend funds granted by the Office of issues which the requesting party par- Economic Opportunity, (b) to every radio ticularly wishes aired at the hearing. A and television station which regularly request may be denied only if the gov- broadcasts local news of, or announceerning body of the agency, by a vote of ments of meetings in, the geographical at least three-fourths of the members area described above, (c) to any compresent at a lawful meeting, determines munity newspaper or journal primarily either that the request raises only frivo- serving a neighborhood or area in which lous issues or that the proposed hearing the agency runs or is preparing to run a would merely be repetitive of previous program under the Economic Opporhearings.
tunity Act, (d) to each agency in the (2) Hearing prior to submission of ap- community which has submitted a proplication. In addition to any hearings posal, as a delegate or grantee agency, held at the request of the public under for assistance under section 204 or secsubparagraph (1) of this paragraph, tion 205 of the Economic Opportunity Act every agency shall hold a public hearing within 1 year prior to the scheduled prior to the submission of an application date of the hearing, (e) to each person for assistance under section 204 or sec- who has submitted a written request for tion 205 of the Economic Opportunity copies of such notices, (f) to the techniAct to OEO. The hearing shall take cal assistance agency for the state in place after the agency staff recommends which the agency is located, and (g) to submission of an application and before the appropriate regional office of the Ofthe governing body of the agency makes fice of Economic Opportunity: Provided, its final determination of whether to That an agency required by this section submit the application to OEO. This to hold a public hearing which serves an requirement of a hearing prior to sub- area larger than a single county shall mission of an application shall not apply consult with OEO concerning the place to:
or places where hearings shall be held (i) Any application received by OEO and what notice shall be required. Proprior to April 15, 1966; or
cedures approved by OEO shall, to the (ii) Such categories of applications as extent specified by OEO, substitute for the Director may from time to time ex- the requirements of this paragraph. empt from the requirement.
(4) Information to be made public. (3) Notice of hearing. Any public Beginning with the date on which notice hearing shall be held at a time and place of hearing is given, an agency proposing convenient to the public. In appropriate to submit an application to the Office
of Economic Opportunity shall be treated responsive to the material adduced at as an "applicant” for the purposes of the hearing, and, if so, the nature of paragraph (b) (1) (i) and (iii) of this the material adduced. section, and is thus subject to the dis- (Sec. 202, 78 Stat. 516; 42 U.S.C. 2782) (31 closure requirements contained therein. F.R. 4454, Mar. 16, 1966) (5) Conduct of the hearing. Each
§ 1030.10 Regulations governing rehearing shall be held before the govern
quirement of increase in non-Federal ing body, or a committee thereof, of the
share. agency required to hold the hearing. It shall be held at the time and place set
(a) Purpose. (1) A 1966 amendment forth in the notice of hearing. In the
to section 208(a) (42 U.S.C. 2788(a)) of event the hearing cannot be completed on
the Economic Opportunity Act increased that date, it may be continued at the
the basic non-Federal share requirement same time and place from day-to-day or applicable to community action (CAP) adjourned to a later day or different place
grants under sections 204 and 205(a) without notice other than the announce
(42 U.S.C. 2784, 2785(a)) of Title II-A ment thereof by the presiding officer.
of the Act from 10 to 20 percent, effecEach hearing shall be open to all mem
tive July 1, 1967. However, section 208(a) bers of the public. Every person desiring
permits OEO to exercise discretion in an opportunity to speak shall be heard,
making the transition to the stricter realthough the presiding officer may estab
quirement and in allowing relief from lish reasonable limits on the length of the
the non-Federal share requirement to statement of any one person.
ease the burden on communities where the presiding officer determine that the real hardship would be felt. opportunity to be heard is being utilized
(2) This section explains non-Federal for purposes of delay, he may exclude share requirements with regard to future statements which are essentially repeti
grant actions under sections 204 and tive of statements already heard.
205(a). Paragraph (b) of this section Although hearings may be conducted in
describes general non-Federal share rules an informal manner, minutes shall be
applicable to most communities. The kept which fairly and accurately reflect
major provision in paragraph (b) of this the business of the hearing, and the
section is the adoption of a so-called “32 basic sides of any disputed questions or
month rule”. In essence, all community issues which arise. Written statements
action agencies (CAA's) and single-purand affidavits shall be accepted for the pose grantees with the exception of 1967 record of hearing and shall be made pub
Summer Head Start and Upward Bound lic at the office of the applicant in ac
will have a 32-month operation period cordance with paragraph (b) (2) (ii) of
under the 10 percent requirement prior this section. Copies of all such minutes,
to meeting the 20 percent non-Federal written statements, and affidavits shall be share requirement as set out in section sent to the Office of Economic Opportu- 208 of the Economic Opportunity Act. nity together with the application if the The rule set forth in paragraph (b) of hearing was held under subparagraph this section is intended to insure fair (2) of this paragraph, or promptly after treatment as between grantees which the conclusion of the hearing if the
have been funded by OEO for a subhearing was held under subparagraph
stantial period of time and those initially (1) of this paragraph.
funded in more recent months. (NOTE: (6) Notice to OEO. Each application
Paragraph (d) of this section explains for a grant which is submitted to OEO shall include a statement to the effect
the special steps to be followed by that public hearings were held as re
grantees which will reach their 33d quired in subparagraph (2) of this para
month of CAP funding during a current graph and that notice of such hearings program year or grant period.) was given in conformity with the regulations in this section. The application 1 For information concerning non-Federal shall also state the respect in which the share requirements in the projects under application submitted to OEO differs
the Community Betterment and Employfrom the application which was made
ment Program under sec. 205(d) of the Act
(42 U.S.C. 2785(d)) and the New Careers available for public inspection prior to
Program under sec, 205(e) of the Act (42 the public hearing. In the case of each
U.S.C. 2785(e)) administered by the Departsuch change the application shall also ment of Labor, see 29 CFR 51.4(c) (1), 32 state whether or not the change was F.R. 6440, 6443 (Apr. 16, 1967).
(3) Paragraph (c) of this section ex A. Number of months occurring after 32d plains special exemption rules applicable (1.e. Nov. 1, 1967, to Mar. 31, 1968)=5 months. to communities with per capita incomes
B. Inclusive dates of new grant action (1.e.
Aug. 1, 1967, to Mar. 31, 1968) =8 months. below $1,000 per year. These rules are
Non-Federal contribution=10% (basic) + intended to provide lower non-Federal
5/8 X 10%=10% +6.25%=16%. share requirements for communities and counties which have the most serious
Exhibit I is attached to serve as a ready
guide to the non-Federal share percentage overall poverty.
to be approved. In all instances when the (b) Basic non-Federal share require
new grant is on a 12-month basis, the atments.-(1) General rule. (i) Grantees
tached table can be used to determine the that are not eligible for exemption under
overall non-Federal percentage contribution. paragraph (c) of this section will be re The table is to be used as follows: quired to provide a 20 percent non-Fed
Read down Column A until the date of initial eral share for any portion of their pro
grant from OEO. gram which will be conducted after the Read across the row for that date to the colgrantee has been funded by OEO for 32 umn for the ending month of new grant months. The original groups of CAP (under D). grantees funded in November 1964 will The number where the latter column interreach their 33d month on July 1, 1967.
sects the proper row is the non-Federal Those funded originally in December
percentage contribution. 1964 will reach their 33d month on Au When the new grant period covers less or gust 1, 1967, and so on.
more than 12 months, the above formula (ii) All grantees not eligible for total
should be used. or partial exemption under paragraph (2) Reorganized grantees and trans(c) of this section reaching their 33d ferred grants. Where a program has been month during a program year or grant transferred from a previous grantee to period will thus be required to furnish
the present one or where the original a non-Federal share of at least 10 per
grantee has been reorganized or discent but not more than 20 percent of solved in favor of the present one, the their total program costs during that
32 months will be counted from the date program year. Those grantees affected
of the original grant to the original during their current program year, grantee. should consult paragraph (d) of this
(3) Single-purpose agencies. (i) The section.
non-Federal share of an established sin(iii) For purposes of computing the
gle-purpose grantee in a community non-Federal share required under this
where there is also a CAA will be deterrule, it will be assumed that monthly mined on the basis of the single-purpose program expenditures are made evenly
grantee's own history. The same will be throughout a grant program. The non true for applicants for independent fundFederal share required under the rule
ing of new programs. therefore depends on the number of pro
(ii) However. the non-Federal share gram months which will occur following
required of an agency which seeks inthe 32d anniversary of a grantee's origi
dependent or direct funding for a pronal OEO grant. The resulting percentage
gram which it previously ran as a deleis to be rounded to the nearest whole
gate agency of a CAA will be determined number, i.e., upward if five-tenths of 1
on the basis of the history of the CAA. percent or more, downward if four-tenths
(iii) See subparagraphs (5) and (6) of of 1 percent or less. The formula for
this paragraph for rules specially applicomputing this is shown below:
cable to Summer Head Start programs
and Upward Bound programs. Non-Federal=10% (basic) +
(4) Rule for multicounty CAA's reA=Number of months of current program
sulting from merger. Where two or more year occurring after end of 32-month CAA's for different counties (or other grace period.
political jurisdiction) have merged into B=Total number of months in program a multicounty CAA, the status of each year.
CAA (prior to merger) will be considered Example: A community action agency which received its first OEO grant in March
in developing the overall rate of the new 1965, requests OEO assistance for a new
CAA. As a point of practical application, component project to run from August 1,
each prior CAA will be considered sepa1967, through March 31, 1968.
rately and then totaled in arriving at an Number of months of grant participation overall non-Federal cost and rate of the as of July 31, 1967 is 29.
newly formed CAA. However, should any
of the segments be subject to the relief specific amount, by county, is not readily granted CAAs in low per capita income available, an allocation of the total grant countries (see paragraph (c) of this sec
should be developed on a judgment basis. tion), a further percentage adjustment
When data is not available to develop a cost
allocation, the Regional Director will determay be in order. An exception to this
mine a non-Federal contribution percentage general rule is the adoption of an overall based on whatever facts are available. In all 20 percent rate where, at the discretion of cases, at least a 10 percent non-Federal share the OEO Regional Directors, such an
shall be required unless the grantee qualifies
for total or partial exemption under paraaction would work no hardship on the
graph (c) of this section. newly formed CAA.
Erample 3: Example 2:
“D” is a multicounty CAA which covers County "A"-$200,000—funded 28 months counties "R," "S," and "T" as shown below. as of June 30, 1967.
All of the funds requested are for multiCounty “B”—$400,000—funded 32 months
county components. None of the components as of June 30, 1967.
can be associated with any specific county or County “C”—$300,000—funded 26 months even any two of the three counties. Thereas of June 30, 1967.
fore the only basis for determining nonThe funding program of the multicounty
Federal share is population, CAA is from July 1, 1967, to June 30,
Tb determine the total amount of non1968. In all counties, the per capita in
Federal share in dollars that will be required come is over $1,000. Using the attached
of the CAA, follow the procedure described. table, the percentage rate is as follows
1. Determine the percentage the populafor each of the counties.
tion of each county is of the total population of the area covered by the CAA.
2. Multiply the total dollar amount to be Rate Program Non-Federal requested by the population percentage figamount contribution ure thus obtained for each of the counties.
This apportions the total dollars requested Percent to each county.
actigms) County "A"...
$200,000 $34, 000
3. Determine the local share percentage County "B"
for each county based on the per capita inCounty "C"
come (less than $750; $750-$1,000; over Total... 900,000 159,000=18%
4. Multiply the dollars apportioned to
the county by its local share percentage On the basis of the bove, an overall figure. This determines the dollar amount rate of 18 percent will be charged the multi- of local share each county must contribute. county CAA. Note that any program which 5. Add the local share dollar amounts for serves all these counties will be required to each of the counties to obtain the total nonfurnish the 18 percent local share. Where the Federal share that will be required.
00 MULTICOUNTY “D”—300,000 POPULATION; $100,000 GRANT REQUESTED 013 ayon
Total local share
$8,000 Total Federal share.
om ni Lobat-o Total program
100,000 o molto sot dom 1 See paragraph (c) of this section for rules for low-income counties.
2 Ii County "T” would not reach its 32d month of operation until 3 months after the start of the new program year, the local share percentage would be only 1742 percent, that is, 10 percent local share would be required for the first 3 months and 20 percent for the last 9 months.
(5) Special rule for Summer Head cent non-Federal share of the costs of Start programs. Commencing with the summer Head Start programs. This will programs funded for summer of 1967, all be true even though under preceding local agencies which are not eligible for paragraphs of this paragraph (b), the relief under paragraph (c) of this sec- same grantee may provide a smaller nontion will be expected to provide a 20 per- Federal share for other component pro