Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 4,975
4957-5134 p. ; 28 cm.View a full description of this periodical.
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(C) Integrated assessment of individual/family service
needs of those accepted into case management program;
(D) Development of case management service plan to
meet goals and become self-sufficient;
(E) Provision of services and coordination of services
to meet needs and achieve self-sufficiency;
(F) Monitoring and follow-up of participant's progress;
(G) Case closure, once individual has become self-suf-
ficient; and
(H) Evaluation process to determine effectiveness of
case management system.
(3) As required by 42 U.S.C. 678G(b)(1-2), CSBG Sub-
recipients shall inform custodial parents in single-parent families that
participate in programs, activities, or services about the services avail-
able through the Texas Attorney General's Office with respect to the
collection of child support payments and/or refer eligible parents to the
Texas Attorney General's Office of Child Support Services Division.
(g) Non-CSBG Eligible Entities receiving state discretionary
funds under 5.203(b) of this subchapter (relating to Distribution of
CSBG Funds) are not required to submit a Community Action Plan.
All CSBG Subrecipients must develop a performance statement which
identifies the services, programs, and activities to be administered by
the organization.
(h) Subrecipient Requirements for Appeals Process for CSBG
Applicants/Clients. Subrecipients shall establish a CSBG denial of ser-
vice complaint procedure to address written complaints from program
applicants/clients. At a minimum, the procedures described in para-
graphs (1) - (8) of this subsection shall be included:
(1) Subrecipients shall provide a written denial of assis-
tance notice to applicant/client within ten (10) business days of the ad-
verse determination. This notification shall include written notice of
the right to a hearing and specific reasons for the denial by component.
The applicant wishing to appeal a decision must provide written notice
to Subrecipient within twenty (20) days of receipt of the denial notice;
(2) Subrecipient who receives an appeal or client complaint
shall establish an appeal committee composed of at least three persons.
Subrecipient shall maintain documentation of appeals/complaints in
their client files;
(3) Subrecipient shall hold the hearing within twenty (20)
days after the Subrecipient received the appeal/complaint request from
the applicant/client;
(4) Subrecipient shall record the hearing;
(5) The hearing shall allow time for a statement by Subre-
cipient staff with knowledge of the case;
(6) The hearing shall allow the applicant/client at least
equal time, if requested, to present relevant information contesting the
decision;
(7) Subrecipient shall notify applicant/client of the deci-
sion in writing. The Subrecipient shall mail the notification by close of
business on the business day following the decision (one (1) day turn-
around);
(8) If the denial is solely based on income eligibility, the
provisions in paragraphs (2) - (7) of this subsection, do not apply and
the applicant may request a recertification of income eligibility based
on initial documentation provided at the time of the original applica-
tion. The recertification will be an analysis of the initial calculationbased on the documentation received with the initial application for
services and will be performed by an individual other than the person
who performed the initial determination. If the recertification upholds
the denial based on income eligibility documents provided at the initial
application, the applicant is notified in writing and no further appeal is
afforded to the applicant.
(i) If the applicant is not satisfied, the applicant may further
appeal the decision in writing to the Department within ten (10) days
of notification of an adverse decision.
(j) Applicants/clients who allege that the Subrecipient has de-
nied all or part of a service or benefit in a manner that is unjust, violates
discrimination laws, or without reasonable basis in law or fact, may
request a contested hearing under Texas Government Code, Chapter
2001.
(k) The hearing shall be conducted by the State Office of Ad-
ministrative Hearings on behalf of the Department in the locality served
by the Subrecipient.
(1) If client appeals to the Department, the funds should remain
encumbered until the Department completes its decision.
5.212. CSBG [Board of Direetors Membership and Meeting] Re-
quirements for [CSBG Eligible Entil'] Tripartite Board of Directors
[Boards].
(a) General Board Requirements:
(1) The Coats Human Services Reauthorization Act (Pub-
lic Law 105-285) addresses the CSBG program and requires that Eli-
gible Entities administer the CSBG program through a tripartite board.
The Act requires that governing boards or a governing body be in-
volved in the development, planning, implementation, and evaluation
of the programs serving the low-income sector. [Also, the Texas Legis-
1atu ,e through (551.00(3) of the Texas Government God addr esss
specific re... q..e.ets rear"n me i meeting not and open
meting records though the Open Meetings A (Texas Government
CGode 555i.0, et seq) and the Pu\ile Information Act (Texas Gov-
ernent Gode- 52 et sqa Satate legislation has also defined a
governmental body nonprofit corporation boards tha t are eligible to re-
eeive funs under the federal GSBG program and that are authorized
by the state to serve a geographic area of the state7]
(2) Federal requirements for establishing a tripartite board
require board oversight responsibilities for public entities, which differ
from requirements for private organizations. Where differences occur
between private and public organizations, requirements for each entity
have been noted in related sections of the rule.
(b) Each CSBG Eligible Entity shall comply with the provi-
sions of this rule and if necessary, the Eligible Entity's by-laws shall be
amended to reflect compliance with these requirements.
5.217. Board Meeting Requirements.
(a) Boards of Eligible Entities [The Beard] must [follow the
Texas Open Meetin Aet ] meet at least once per calendar quarter
and at a minimum five (5) times per year and, must give each Board
member a notice of meeting five (5) days in advance of the meeting.
(b) Texas Government Code, Chapter 551, Texas Open Meet-
ings Act, addresses specific requirements regarding meetings and meet-
ing notices. Texas Government Code, 551.001(3)(J), includes in the
definition of a governmental body, nonprofit corporations that are el-
igible to receive funds under the federal CSBG program and that are
authorized by the state to serve a geographic area of the state. Thus, the
law requires that nonprofit corporations must follow the requirements
of the Texas Open Meetings Act.
I() Open Meetings Training jPROPOSED RULES August 9, 2013 38 TexReg 4975
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/19/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.