10 KAR 7:020. Kentucky Agency for Substance Abuse Policy on-going funding.
RELATES TO: KRS 12.330-12.334, Chapter 13B, 45A.005-45A.020, 45A.035-45A.050, 45A.075, 45A.130, 45A.145, 45A.210, 45A.230, 45A.235, 45A.480, 45A.695-45A.705, 45A.725, 222.211, 248.723
STATUTORY AUTHORITY: KRS 12.332(19)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.332 requires the Kentucky Agency for Substance Abuse Policy (KY-ASAP) to promulgate administrative regulations to sustain a statewide strategic plan to reduce the prevalence of tobacco use and drug and alcohol abuse with both the youth and adult populations in Kentucky. This administrative regulation establishes standards to maintain designated KY-ASAP local boards and the mechanism for distribution of designated funds for the continued implementation of the approved long-term community strategy.
Section 1. Definitions. (1) "Good standing" means compliance with applicable statutes, administrative regulations, and contracts, and shall be determined by KY-ASAP with advice from the Cabinet for Health Services, Department for Mental Health and Mental Retardation Services, Division of Substance Abuse.
(2) "Kentucky Agency for Substance Abuse Policy" or "KY-ASAP" means the agency established at KRS 12.330(1) to (3).
(3) "Local board" means that entity described at KRS 12.334(1).
(4) "Ongoing funds" means dollars distributed from KY-ASAP for the purpose of supporting the strategic plans of local boards in good standing.
(5) "Good standing" means those local boards found in compliance with all appropriate administrative regulations, contracts, and other requirements as specified by KY-ASAP and such as determination shall be made by KY-ASAP with the advice from the Cabinet for Health Services, Department for Mental Health and Mental Retardation Services, Division of Substance Abuse.
Section 2. Proposals from Local Boards for Ongoing Funding. KY-ASAP shall, contingent upon available funds:
(1) Develop instructions for local boards to follow for submission of proposals for ongoing funding;
(2) Develop, by October 15, 2003, a standard form for submission of a request for proposal; and
(3) Consult with the following entities for general guidance in the distribution of ongoing funds:
(a) The KY-ASAP Board; and
(b) The Cabinet for Health Services:
1. Department for Mental Health and Mental Retardation Services, Division of Substance Abuse; and
2. Department for Public Health.
Section 3. Local Board Reports. Each local board shall include the following information in the semiannual report required by KRS 12.334(2) and detailed in 10 KAR 7:010, Section 8:
(1) Information regarding the effectiveness, efficiency, and efforts of the program, as required by KRS 12.334(2);
(2) Detail of expenditures made during the reporting period;
(3) Detail of strategic plan implementation; and
(4) Recommendations for increased or decreased funding; as required by KRS 12.334(2).
(5) If a local board fails to submit the required reports:
(a) The Executive Director of KY-ASAP shall notify the local board's fiscal agent and chair, by certified letter, of the noncompliance, stating the reasons therefore;
(b) The local board may, within forty-five (45) days of the date of notice, submit a plan of corrective action to the executive director;
(c) The executive director shall, within thirty (30) days of receipt of a plan of corrective action, respond, in writing; and
(d) If the executive director determines that the proposed plan fails to meet the requirements of this administrative regulation, the executive director shall:
1. Present to the KY-ASAP Board at its next scheduled meeting, the finding of noncompliance and the reasons therefore, accompanied by documentation supporting the decision; and
2. Take action to abolish the local board.
(e) A local board found in noncompliance, and whose proposed corrective plan is rejected, shall return or reimburse KY-ASAP the amount of funds received during the period of noncompliance, in accordance with the contract executed between the fiscal agent of the local board and the Cabinet for Health Services, Department for Mental Health and Mental Retardation, Division of Substance Abuse, on behalf of KY-ASAP.
(f) A local board aggrieved by a finding of noncompliance may appeal pursuant to KRS Chapter 13B.
Section 4. Application Process. (1) A local board seeking funds for ongoing services shall:
(a) In response to an RFP issued by KY-ASAP, submit an application, incorporated by reference, to the KY-ASAP; and
(b) Be in good standing at the time of application.
(2) If the KY-ASAP approves the application:
(a) The KY-ASAP shall notify the fiscal agent and the chair of the qualifying local board;
(b) The fiscal agent shall submit to KY-ASAP a letter of agreement to serve as fiscal agent; and
(c) KY-ASAP and the local board shall execute a contract in compliance with applicable sections of KRS Chapter 45A, to the extent funds are available.
(3) A single contract with a local board shall not exceed the sum of $200,000. (29 Ky.R. 1509, Am. 2266; eff. 3-19-03.)