Sec. 900.610-4 Policy basis for merit system. 900.610-5 Review of personnel operations. 900.610-6 Compliance and assistance. 900.611 Establishing a merit requirement or policy. APPENDIX A TO THE STANDARDS FOR A MERIT SYSTEM OF PERSONNEL ADMINISTRATION APPENDIX B TO THE Standards FOR A MERIT SYSTEM OF PERSONNEL ADMINISTRATION AUTHORITY: Sec. 503, Pub. L. 91-648, 84 Stat. 1926 (42 U.S.C. 4763), unless otherwise noted. SOURCE: 36 FR 15515, Aug. 17, 1971, unless otherwise noted. Subpart A-General Provisions § 900.101 Purpose of the grant program. The purpose of the grant program is to assist State and local governments by strengthening their staffs through improved personnel administration and through training and development of their employees and officials consistent with the merit principles stated in section 2 of the Act. § 900.102 Definitions. In this part: (a) "Act" means the Intergovernmental Personnel Act of 1970, 84 Stat. 1909. (b) "Other organization" has the meaning given that term by section 304 of the Act. (c) "State", "local government", and "general local government" have the meaning given to those terms by section 502 and section 506(b)(5) of the Act. § 900.103 Advisory guidelines and information. Information for the fiscal administration of grants awarded under the Act and this part and for grant application procedures are in the "IPA Grant Administration Handbook" and the "Guidelines for the IPA Grant Program" which are available from the Office of Intergovernmental Personnel Programs, Office of Personnel Management, 1900 E Street, NW., Washington, DC 20415, or from the regional offices of OPM at the following locations: Atlanta Merchandise Mart, 240 Peachtree Street NW., Atlanta, GA 30303. Post Office and Courthouse Building, Boston, Mass. 02109. Main Post Office Building, 433 West Van Federal Building, 26 Federal Plaza, New Customhouse, Second and Chestnut Streets. Philadelphia, PA 19106. 3004 Federal Office Building, First Avenue and Madison Street, Seattle, WA 98104. Federal Building, Post Office Box 36010, 450 Golden Gate Avenue, San Francisco, CA 94102. 1256 Federal Building, 1520 Market Street, St. Louis, MO 63103. § 900.104 Administrative organization. (a) Office of Intergovernmental Personnel Programs. The Office of Intergovernmental Personnel Programs of OPM has, under the direction of the Deputy Director, the responsibility of administering the programs authorized by the Act. (b) Regional office organization. Each regional office of OPM has, under the direction of the regional director, a Division of Intergovernmental Personnel Programs which is responsible for administering the programs authorized by the Act within the jurisdiction of the region. Subpart B-Grants § 900.201 Use of grants. A grant under the Act may be used: (a) To strengthen personnel administration of States and local governments; (b) To train and educate professional, administrative, and technical employees and officials of State and general local governments; (c) To support programs providing for Government Service Fellowships for State and local government personnel; and (d) To improve particular aspects of State and local government personnel administration as authorized by the Act. § 900.202 Grant procedures. (a) A grant application shall be submitted to the regional office of OPM over having jurisdiction the area where the party submitting the appli cation is located as specified in the "Guidelines for the IPA Grant Program." When the party submitting the application is located in the metropolitan area of Washington, D.C., the grant application shall be submitted to the Office of Intergovernmental Personnel Programs, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. (b) An application submitted by a combination of States or general local governments which are located in different OPM regions should be sent to the regional office in whose area the specific jurisdiction which will have primary responsibility and authority for the administration of the approved program and project is located. § 900.203 Grant administration. (a) A grantee shall make such reports as may be requested by OPM under section 504 of the Act. OPM reserves the right to audit and to evaluate performance or program success. (b) A grantee shall maintain such financial control and fund accounting procedures as required by OPM, and shall grant access to records as provided by section 505 of the Act. § 900.204 Termination of grants for cause. (a) Whenever OPM, after giving reasonable notice and opportunity for a hearing to the grantee concerned, finds (1) that a program or project has been so changed that it no longer complies with the provisions of the Act, the regulations of this part or the terms of the grant; (2) that in the operation of the program or project there is a failure to comply substantially with any provision; or (3) that the continuation of the program or project would produce results of insufficient value in furthering the purposes of the Act, OPM shall notify the grantee of its findings and no further payments will be made to the grantee by OPM until it is satisfied that the non-compliance has been, or will promptly be, corrected. An action brought under this section shall be limited in its effect to the particular program or project or part thereof, in which the non-compliance or lack of sufficient value has been found. (b) Notice. (1) The notice required by paragraph (a) of this section shall be sent to the affected grantee by registered or certified mail, return receipt requested. This notice shall advise the grantee of the action proposed to be taken, the specific provision of law, regulations, or grant agreement under which the proposed action against it is to be taken, the matters of fact or law asserted as the basis for this action, and (i) fix a date not less than 30 calendar days after the date of notice within which the grantee may request of OPM that the matter be scheduled for a hearing, or (ii) advise the grantee that the matter in question has been set down for a hearing at a stated time and place not more than 30 days from the date of notice. The time and place so fixed shall be reasonable and subject to change for cause. (2) Upon receipt of a notice of a proposed action under this section the grantee shall discontinue new commitments of grant funds that relate to the program or project against which the proposed action is to be taken. (c) Waiver of hearing. The parties may mutually agree to waive a hearing and submit written information and argument for the record. The failure of a grantee to request a hearing under this section or to appear at a scheduled hearing may be deemed a waiver of the right to a hearing under section 507 of the Act, and consent to making of a decision on the basis of the available information. (d) Time and place of hearing. (1) Hearings shall be held at the office of OPM which awarded the grant at a time fixed by OPM, unless OPM determines that the convenience of the grantee or of OPM requires that another place be selected. (2) Hearings may be held before the Director, Office of Personnel Management, or at his/her discretion, before a hearing officer specially selected for his ability to conduct an adversarial proceeding. (e) Right to counsel. In all proceedings under this section, the grantee and OPM have the right to be represented by counsel. (f) Procedures, evidence, and record. (1) The hearing, decision, and an administrative review thereof shall be conducted as nearly as practicable in conformity with sections 551 through 559 of title 5, United States Code, and in accordance with the rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (b) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both OPM and the grantee are entitled to introduce relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing. (2) Technical rules of evidence do not apply to hearings conducted pursuant to this section, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where determined reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. Documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. Each party is to bear its own transcript costs. Decisions shall be based on the hearing record and written findings shall be made. (g) Decisions and notices. (1) If the hearing is held before a hearing officer, the hearing officer shall make an initial decision, and shall mail a copy of the initial decision to the grantee and certify a copy of the record to the Director, Office of Personnel Management. When a hearing is waived pursuant to paragraph (c) of this section, an initial decision shall be made by a hearing officer on the basis of information submitted by the parties and a written copy of the initial decision shall be sent to the grantee and a copy of the initial decision certified to the Director, Office of Personnel Management. (2) The grantee may, within 30 days after the mailing of a notice of initial decision, file with the Director, Office of Personnel Management his exceptions to the initial decision with his reasons therefor. In the absence of exceptions, the Director, Office of Personnel Management may, on his/her own motion, within 45 days after the initial decision, serve on the grantee a notice that he/she will review the decision. On the filing of the exceptions or of notice of review, the Director, Office of Personnel Management shall review the initial decision and issue his/her own decision thereon including the reasons therefor, or may adopt the initial decision. In the absence of either exceptions or a notice of review, the initial decision, subject to paragraph (g)(5) of this section, shall constitute the final decision of OPM. (3) When the Director, Office of Personnel Management, reviews the decision of a hearing officer pursuant to paragraph (g)(2) of this section, or when the Director, Office of Personnel Management, conducts the hearing, the grantee shall be given reasonable opportunity to file with its briefs or other written statements of the grantee's contentions, and a written copy of the final decision of the Director, Office of Personnel Management will be sent to the grantee. (4) Each decision of a hearing officer or the Director, Office of Personnel Management shall set forth a ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements with which the grantee failed to comply. (5) A final decision by an official of OPM, other than by the Director, providing for the suspension or termination of IPA financial assistance, or the imposition of other sanctions available under this part, shall promptly be transmitted to the Director, Office of Personnel Management, who may approve the decision, vacate it, or remit or mitigate a sanction imposed. (6) The final decision may provide for suspension or termination of IPA financial assistance, in whole or in part, under the program involved, and for terms and conditions as are consistent with and will effectuate the purposes of the IPA and this part. The final decision may include provisions designed to assure that IPA financial assistance will not thereafter be extended to the grantee determined by the decision to be in default in its performance or to have otherwise failed to comply with this part. (h) Post-termination proceedings. (1) A grantee adversely affected by a decision issued under paragraph (g)(6) of this section may have IPA financial assistance restored if it satisfies the terms and conditions of the decision. (2) A grantee adversely affected by a decision made pursuant to paragraph (g)(6) of this section may at any time request the Director of Office of Personnel Management to restore its IPA financial assistance. A request shall be supported by information showing that the grantee has met the requirements of paragraph (h)(1) of this section. If the Director, Office of Personnel Management determines that those requirements are satisfied, he/ she may restore the IPA financial assistance. (3) If the Director, Office of Personnel Management denies a request, the grantee may submit a request for a hearing in writing, specifying why it believes the Director, Office of Personnel Management is in error. The grantee shall be given an expeditious hearing, with a decision on the record in accordance with these regulations. The grantee shall be restored to eligibility if it proves at the hearing that it satisfied the requirements of paragraph (h)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (g)(6) of this section remain in effect. (Pub. L. 95-454, Reorganization Plan No. 2 of 1978) [39 FR 1349, Jan. 8, 1974; 45 FR 3565, Jan. 18, 1980] § 900.205 Termination for convenience. OPM may terminate a grant in whole or in part when both OPM and the grantee agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effec (a) Formula. The Office of Personnel Management shall allocate the total amount of funds available for grants as required by section 506 of the Act; and shall publish in the FEDERAL REGISTER the formulae required by sections 506(b)(1) and (2) of the Act. (b) Effect of allocation. Allocations made under this section do not constitute a grant of funds; they are a statement of the initial availability of grant funds to a State and of the percentage of each State's allocation initially available to meet the needs of the State government and of local governments in the State. Subpart D-Nondiscrimination in Fed erally Assisted Programs in the Office of Personnel ManagementEffectuation of Title VI of the Civil Rights Act of 1964 AUTHORITY: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1). SOURCE: 38 FR 17920, July 5, 1973, unless otherwise noted. § 900.401 Purpose. The purpose of this subpart is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as Title VI) to the end that a person in the United States shall not, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under a program or activity receiving Federal financial assistance from OPM. |