10 KAR 7:020. Kentucky Agency for Substance Abuse Policy on-going funding for local boards.

      RELATES TO: KRS 15A.340, 15A.342, 15A.344, 222.211, 248.723

      STATUTORY AUTHORITY: KRS 15A.342(19)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.344 requires KY-ASAP to establish local advisory and coordination boards for tobacco addiction and alcohol and substance abuse prevention, cessation, and treatment. KRS 15A.342 requires the Office of Drug Control Policy and KY-ASAP to promulgate administrative regulations necessary to carry out KRS 15A.340 and 15A.344. This administrative regulation establishes procedures for local boards to receive ongoing funding and establishes reporting requirements for the boards.

      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 Office of Drug Control Policy.

      (2) "Kentucky Agency for Substance Abuse Policy" or "KY-ASAP" means the agency established at KRS 15A.340(1) to (3).

      (3) "Local board" means that entity described at KRS 15A.344(1).

      (4) "Ongoing funds" means dollars distributed from KY-ASAP for the purpose of supporting the strategic plans of local boards in good standing.

      Section 2. Ongoing Funding. (1) For ongoing funding, a local board shall:

      (a) Be in good standing; and

      (b) Apply on an annual basis.

      (2) Awards of ongoing funding shall be:

      (a) Contingent on available funding; and

      (b) Proportionate based upon the number of counties in a local board.

      (3) If KY-ASAP approves the funding, they shall notify:

      (a) The fiscal agent of the local board;

      (b) The chair of the local board; and

      (c) If applicable, the board coordinator.

      (4) If funding is awarded, KY-ASAP and the fiscal agent of the local board shall execute a contract, in compliance with KRS Chapter 45A, to the extent funds are available..

      Section 3. Local Board Reports. (1) Each local board shall include the following information in the semiannual report required by KRS 15A.344(2) and detailed in 10 KAR 7:010, Section 4:

      (a)(1) Information regarding the effectiveness, efficiency, and efforts of the program, as required by KRS 15A.344(2);

      (b) Detail of expenditures made during the reporting period;

      (c) Detail of strategic plan implementation; and

      (d) Recommendations for increased or decreased funding; as required by KRS 15A.344(2).

      (2) If a local board fails to submit the required reports:

      (a) The Executive Director of the Office of Drug Control Policy 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 State 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.

      (3) 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 Justice and Public Safety Cabinet, Office of Drug Control Policy, Kentucky Agency for Substance Abuse Policy.

      (4) A local board aggrieved by a finding of noncompliance may appeal pursuant to KRS Chapter 13B. (29 Ky.R. 1509, Am. 2266; eff. 3-19-2003; 35 Ky.R. 2466; 36 Ky.R. 12; eff. 7-31-2009.)