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(1) Extent of the need in the com § 416.94 Assurances. munity for the mental retardation sery

In addition to any other requirements ices to be provided;

imposed by law each staffing grant shall (2) Ages and level of the mentally

be subject to the condition that the apretarded to be served and the services

plicant will furnish and comply with to be provided;

the following assurances: (3) Socioeconomic and population

(a) That the services to be provided characteristics of the community served

by the applicant will be made available or to be served;

principally to persons residing in the (4) Accessibility to the facility, in

particular community or communities in cluding availability of public and private

or near which such facility is to be situtransportation and the number of hours

ated; and that consideration will be given per day and days per week the facility is

to involvement of residents of the comopen;

munity in management and operation of (5) Type, number and qualifications

the facility; of professional and technical personnel

(b) That the facility will furnish & proposed, and plans for their recruit

reasonable volume of services to persons ment and compensation, giving consid

unable to pay therefor (if this is not fieration to residents of the community

nancially feasible submit justification where the facility is located;

for such conclusion); (6) Existing and proposed arrange (c) That the services of the facility ments with other public and private will not be denied to any person within agencies concerned with the mentally

the community served solely on the retarded in the community; and

ground that such person does not meet (7) Extent to which services contem

a minimum period of residence in such plated by the proposal have been and are

community (if unable to give this assurbeing provided by the applicant or its

ance, submit supporting information); predecessor with financial assistance

(d) That in the selection, compensaFederal, State, and local programs other

tion, or other employment practices of than under this subpart.

the facility with respect to its technical (b) In addition each application shall

or professional personnel referred to in include the following information:

this subpart there shall be no discrimi(1) A statement for each of the two nation because of race, creed, sex, or namost recent 12-month period of opera tional origin; tion, and an estimate for each budget (e) That the facility will be mainperiod of the project, of costs incurred tained and operated in accordance with or to be incurred and income received minimum standards prescribed by the or to be received by the applicant and appropriate State authority for the predecessor of the applicant with respect maintenance and operation of such to all services included in the program

facilities; set forth under paragraph (a) of this

(f) That it will maintain adequate and section;

separate accounting and fiscal records (2) Identification of all actual or con

and accounts for all funds provided from

any source to pay the costs of the project, templated staff positions, and the com

and permit audit of such records and acpensation for such positions; and

counts at any reasonable time; and (3) Identification of those costs for

(g) That it will comply with all the which Federal assistance is requested regulations of this subpart. and the amount thereof.

§ 416.95 Allocations; priorities. (c) Any applicant which is concurrently applying for a construction grant

(a) The total amount of grants that shall so state and the documentation

may be awarded in any State in any meeting the requirements of paragraph

fiscal year may not exceed the share of

that State of any funds appropriated for (b) of this section shall be acceptable in

such year which has been calculated as lieu of the similar information required

an allotment to that State in accordfor construction grant under Title I,

ance with section 132(a) of the Act, exPart C of the Act (8 416.22(a) (2)) unless

cept that the Administrator may, in parand until the applicant is notified to the ticular circumstances, modify this recontrary.

quirement if he finds that grants in one (d) Such other information as the Ad or more other States will be less than ministrator may require.

required.

(b) In determining priority for projects the Administrator shall rank applications in order of the relative effectiveness of the proposed programs giving due weight to comprehensiveness and adequacy of the services to be provided and to the evaluation of the application by the State mental retardation construction authority. § 416.96 Federal financial participation.

(a) The Administrator may approve an application for Federal participation up to 75 percentum of eligible compensation costs for the period ending with the close of the 15th month of the initial grant, 60 percentum of such costs for the first year thereafter, 45 percentum of such costs for the second year thereafter, and 30 percentum of such costs for the third year thereafter.

(b) For purposes of this subpart, "compensation” may include remuneration for services, including vacation, holiday and severance pay, sick leave, workmen's compensation and employee insurance, social security taxes and retirement plans cost, and such other benefits in return for services performed as the Administrator finds reasonably necessary to secure the services of qualified personnel in the area. $ 416.97 Payments.

Payment of the Federal share of the costs of the initial staffing project may be

made quarterly, or for such other period as the Administrator may determine, as an advance for estimated costs or as reimbursement to the grantee. § 416.98 Records, audits, and reports.

The applicant shall keep such records as the Administrator shall prescribe, and shall make any books, documents, papers, and records of the applicant that are pertinent available for audit and examination by representatives of the Administrator and the Comptroller General of the United States. The applicant shall also submit such reports or other information as the Administrator may require. § 416.99 Termination.

If for any reason the grantee discontinues an approved project, the grantee shall notify the Administrator 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 Administrator. 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.

CHAPTER V-FOREIGN CLAIMS SETTLEMENT

COMMISSION OF THE UNITED STATES

SUBCHAPTER A-RULES OF PRACTICE

Part 500 501 502 503

Appearance and practice before the Commission.
Subpoenas, depositions, and oaths.
Employee responsibilities and conduct.
Public Information.

SUBCHAPTER B -RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS

UNDER TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY

PUBLIC LAW 91–289, APPROVED JUNE 24, 1970 505 Filing of claims and procedures therefor. 506 Provisions of general application. 507 Eligibility requirements for compensation. 508 Payment. 509 Hearings.

SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS

UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS AMENDED

531 Filing of claims and procedures therefor. SUBCHAPTER DRECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS

FOR BALANCE OF 22.5 PERCENT ON AWARDS MADE UNDER THE PROVISIONS OF THE PHILIPPINE REHABILITATION ACT OF 1946 IN EXCESS OF

P1,000 ($500.00) EACH 540

Filing of claims and procedures therefor. 541 Provisions of general application. 542 Payment. 543 Hearings.

SUBCHAPTER E-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS

UNDER PUBLIC LAW 87-587 (CLAIMS FOR DAMAGES TO PROPERTY DUE TO THE RAISING OF THE WATER LEVEL OF LAKE ONTARIO CAUSED BY

GUT DAM) 560 Filing of claims and procedure therefor.

SUBCHAPTER F-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS

UNDER TITLE O OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 87-846

Part 580

Filing of claims and procedures therefor.

SUBCHAPTER A-RULES OF PRACTICE

PART 500-APPEARANCE AND PRAC persons designated by veterans' service, TICE BEFORE THE COMMISSION

and other organizations to appear before

the Commission in a representative caSec.

pacity on behalf of claimants shall be 500.1 Appearance and practice.

deemed duly authorized to practice be500.2 Notice of entry or withdrawal of counsel in claims.

fore the Commission when the designat500.3 Fees.

ing organization shall have been issued 500.4 Petitions for additional remuneration a letter of accreditation by the Commis

pursuant to section 317(b) of Title sion. Petitions for accreditation shall be III of the Act.

in writing, executed by duly authorized 500.5 Order allowing fees in excess of ten officer or officers, addressed to the percentum of amount paid on ac

Foreign Claims Settlement Commission count of claims under Title III of the International Claims Settlement

of the United States, Washington, D.C. Act of 1949, as amended.

Upon receipt of a petition setting forth 500.6 Suspension of attorneys.

pertinent facts as to the organization's 500.7 Restrictions on former employees.

history, purpose, number of posts or AUTHORITY: The provisions of this Part 500

chapters and their locations, approxiissued under sec. 2, 62 Stat. 1240, as amended,

mate number of paid-up membership, sec. 3, 64 Stat. 13, as amended; 50 U.S.C. statements that the organization will not App. 2001, 22 U.S.C. 1622.

charge any fee for services rendered by SOURCE: The provisions of this part 500

its designees in behalf of claimants and

that it will not refuse on the grounds of appear at 28 F.R. 13495, Dec. 13, 1963, unless otherwise noted.

non-membership to represent any claim

ant who applies for such representation $ 500.1 Appearance and practice.

if he has an apparently valid claim, ac(a) An individual may appear in his companied by a copy of the organizaown behalf; a member of a partnership tion's constitution, or charter, by-laws, may represent the partnership; a bona

and its latest financial statement, the fide officer of a corporation, trust or as

Commission in its discretion will consider sociation may represent the corporation, trust or association; an officer or em

and in appropriate cases issue or deny

letters of accreditation. ployee of the United States Department of Justice, when designated by the At

(d) A person may not be represented torney General of the United States, may

before the Commission except as authorrepresent the United States in a claim ized in paragraph (a), (b) or (c) of this proceeding.

section. (b) A person may be represented by an attorney at law admitted to practice

500.2 Notice of entry or withdrawal of

counsel in claims. in any State or Territory of the United States, or the District of Columbia. (a) Counsel entering an appearance With respect to Philippine war damage in a claim originally filed by claimant in claims under the provisions of Public his own behalf or requesting a substituLaw 87–616 (76 Stat. 411), a person may tion of attorneys, and counsel filing & also be represented by an attorney at law claim on behalf of a claimant under Pubin good standing with the Philippine Bar

lic Law 87–616, shall be required to file Association or the Philippine Supreme Court. However, such attorney may be

an authorization by claimant. required to furnish a certificate to this

(b) When counsel seeks to withdraw effect.

from the prosecution of a claim, it must (c) In cases falling within the pur appear that he has duly notified his view of Subchapter B of this chapter,

client (claimant).

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