Older
Americans Act
Part 1328 Regulations - Grants for Supportive and Nutritional Services to Older Hawaiian Natives
[Based on 1988 Amendments; does not reflect 2000 Amendments]
[Code of Federal Regulations]
[Title 45, Volume 4, Parts 1200 to End]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1328]
Title 45--Public Welfare
Chapter Xiii--Office Of Human Development Services, Department Of Health
and Human Services
Part 1328--Grants For Supportive And Nutritional Services To Older Hawaiian
Natives
Sec.
1328.1 Basis and purpose of this part.
1328.3 Definitions.
1328.5 Applicability of other regulations.
1328.7 Confidentiality and disclosure of information.
1328.9 Contributions.
1328.11 Prohibition against supplantation.
1328.13 Supportive services.
1328.15 Nutrition services.
1328.17 Access to information.
1328.19 Application requirements.
1328.21 Application approval.
1328.23 Hearing procedures.
Authority: 42 U.S.C. 3001; Title VI Part B of the Older Americans
Act.
Source: 53 FR 33777, Aug. 31, 1988, unless otherwise noted.
Sec. 1328.1 Basis and purpose of this part.
This program was established to meet the unique needs and
circumstances of Older Hawaiian Natives. This part implements title VI
(part B) of the Older Americans Act, as amended, by establishing the
requirements that a public or nonprofit private organization shall meet
in order to receive a grant to promote the delivery of services for
older Hawaiian Natives that are comparable to services provided under
title III. This part also prescribes application and hearing
requirements and procedures for these agrants.
Sec. 1328.3 Definitions.
Acquiring, as used in section 307(a)(14) of the Act, means obtaining
ownership of an existing facility in fee simple or by lease of 10 years
or more for use as a multipurpose senior center.
Act, means the Older Americans Act of 1965, as amended.
Altering or renovating, as used in section 307(a)(14) of the Act
with respect to multipurpose senior centers, means making modifications
to or in connection with an existing facility which are necessary for
its effective use as a center. These may include renovation, repair, or
expansion which is not in excess of double the square footage of the
original facility and all physical improvements.
Budgeting period, as used in Sec. 1328.19 of this part, means the
intervals of time into which a period of assistance (project period) is
divided for budgetary and funding purposes.
Constructing, as used in section 307(a)(14) of the Act with respect
to multipurpose senior centers, means building a new facility, including
the costs of land acquisition and architectural and engineering fees, or
making modificaitons to or in connection with an existing facility which
are in excess of double the square footage of the original facility and
all physical improvements.
Department, means the Department of Health and Human Services.
Eligible organization, means a public or nonprofit private
organization having the capacity to provide services under this part for
older Hawaiian Natives.
Grantee, as used in this part, means an eligible organization that
has received funds to provide services to older Hawaiians.
Hawaiian Native, as used in this part, means any individual any of
whose ancestors were native of the area which consists of the Hawaiian
Islands prior to 1778.
Means test, as used in the provision of services, means the use of an older Hawaiian Native's income or resources to deny or limit that person receipt of services under this part.
Older Hawaiian, means any individual, age 60 or over, who is an Hawaiian Native.
Project period, as used in Sec. 1328.19 of this part, means the
total time for which a project is approved for support, including any
extensions.
Service area, as used in Sec. 1328.9(b) and elsewhere in this part,
means that geographic area approved by the Commissioner in which the
grantee provides supportive and nutritional services to older Hawaiian
Natives residing there.
Sec. 1328.5 Applicability of other regulations.
The following regulations in title 45 of the Code of Federal
Regulations apply to all activities under this part:
- Part 16-Procedures of the Departmental Grant Appeals Board;
- Part 74-Administration of Grants;
- Part 75-Informal Grant Appeals Procedures;
- Part 80-Nondiscrimination Under Programs Receiving Federal
Assistance through the Department of Health and Human Services:
Effectuation of title VI of the Civil Rights Act of 1964;
- Part 81-Practice and procedures for hearings under part 80;
- Part 84-Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving Benefits from Federal Financing Participation;
and
- Part 91-Nondiscrimination on the Basis of Age in Programs
or Activities Receiving Federal Financial Assistance from HHS.
Sec. 1328.7 Confidentiality and disclosure of information.
A grantee shall have confidentiality and disclosure procedures as
follows:
- The grantee shall have procedures to ensure that no information
about an older Hawaiian Native or obtained from an older Hawaiian
Native is disclosed in a form that identifies the person without
the informed consent of the person or of his or her legal representative,
unless the disclosure is required by court order, or for program
monitoring by authorized Federal monitoring agencies.
- A grantee is not required to disclose those types of information
or documents that are exempt from disclosure by a Federal agency
under the Federal Freedom of Information Act, 5 U.S.C. 552.
Sec. 1328.9 Contributions.
- Each grantee shall:
- Provide each older Hawaiian Native with a free and voluntary
opportunity to contribute to the cost of the service;
- Protect the privacy of each older Hawaiian Native with
respect to his or her contribution;
- Establish appropriate procedures to safeguard and account
for all contributions;
- Use all supportive services contributions to expand the
services provided under this part; and
- Use all nutrition services contributions only to expand
services as provided under section 307(a)(13)(c)(ii) of
the Act.
- Each grantee may develop a suggested contribution schedule
for services provided under this part. In developing a contribution
schedule, the grantee shall consider the income ranges of older
Hawaiian Natives in the service area and the grantee's other
sources of income. However, means tests may not be used.
- A grantee may not deny any older Hawaiian a service because
the older Hawaiian will not or cannot contribute to the cost
of the service.
Sec. 1328.11 Prohibition against supplantation.
A grantee shall ensure that the activities provided under a grant
under this part will be in addition to, and not in substitution for,
comparable activities provided without Federal assistance.
Sec. 1328.13 Supportive services.
- A grantee may provide any of the supportive services specified
under title III of the Older Americans Act and any other supportive
services, approved in the grantee's application, that are necessary
for the general welfare of older Hawaiian Natives.
- If a grantee elects to provide multipurpose senior center
activities or uses any of the funds under this part for acquiring,
altering or renovating a multipurpose senior center facility,
it shall comply with the following requirements:
- The grantee shall comply with all applicable local health,
fire, safety, building, zoning and sanitation laws, ordinances
or codes.
- The grantee shall assure the technical adequacy of any
proposed alteration or renovation of a multipurpose senior
center assisted under this part. The grantee shall assure
technical adequacy by requiring that any alteration or renovation
of a multipurpose senior center that affects the load bearing
members of the facility is structurally sound and complies
with all applicable local or State ordinances, laws, or
building codes.
- If a grantee elects to provide legal services, it shall substantially
comply with the requirements in Sec. 1321.71 and legal services
providers shall comply fully with the requirements in Secs.
1321.71(c) through 1321.71(p).
Sec. 1328.15 Nutrition services.
- In addition to providing nutrition services to older Hawaiian
Natives, a grantee may:
- Provide nutrition services to the spouses of older Hawaiian
Natives; (2) Provide nutrition services to non-elderly handicapped
or disabled Hawaiian Natives who reside in housing facilities
occupied primarily by the elderly, at which congregate nutrition
services are provided;
- Offer a meal, on the same basis as meals are provided
to older Hawaiian Natives, to individuals providing volunteer
services during meal hours; and
- Provide a meal to individuals with disabilities who reside
in a non-institutional household with and accompany a person
eligible for congregate meals under that part.
- Each grantee may receive cash payments in lieu of donated
foods for all or any portion of its funding available under
section 311(a)(4) of the Act. To receive cash or commodities,
the grantee shall have an agreement with the U.S. Department
of Agriculture's Food and Nutrition Service (FNS) to be a distributing
agency.
- Where applicable, the grantee shall work with agencies responsible
for administering other programs to facilitate participation
of older Hawaiian Natives.
Sec. 1328.17 Access to information.
A grantee shall:
- Establish or have a list of all services that are available
to older Hawaiian Natives in the service area;
- Maintain a list of services needed or requested by the older
Hawaiians; and
- Provide assistance to older Hawaiian Natives to help them
take advantage of available services.
Sec. 1328.19 Application requirements.
To receive funds under this part, an eligible organization shall
submit an application as prescribed in section 623 of the Act and in
accordance with the Commissioner's instructions for the specified
project and budget periods. The application shall provide for:
- Program objectives, as set forth in section 623(a)(6) of the
Act, and any objectives established by the Commissioner;
- A description of the geographic boundaries of the service
area proposed by the eligible organization;
- Documentation of the organization's ability to serve older
Hawaiian Natives;
- Assurances as prescribed by the Commissioner that:
- The eligible organization represents at least 50 older
Hawaiian Natives who have attained 60 years of age or older;
- The eligible organization shall conduct all activities
on behalf of older Hawaiian natives in close coordination
with the State agency and Area Agency on Aging:
- The eligible organization shall comply with all applicable
State and local license and safety requirements for the
provision of those services;
- The eligible organization shall ensure that all services
under this part are provided without use of any means tests;
- The eligible organization shall comply with all requirements
set forth in Secs. 1328.7 through 1328.17; and
- The services provided under this part will be coordinated,
where applicable, with services provided under title III
of the Act.
- Signature by the principal official of the eligible organization.
Sec. 1328.21 Application approval.
- Approval of any application under section 623(d) of the Act,
shall not commit the Commissioner in any way to make additional,
supplemental, continuation, or other awards with respect to any approved
application or portion thereof.
- The Commissioner may give first priority in awarding grants to eligible applicant organizations that have prior experience in serving Hawaiian Natives, particularly older Hawaiian Natives.
Sec. 1328.23 Hearing procedures.
In accordance with section 623(c)(3) of the Act, if the Commissioner disapproves an application from an eligible organization, the organization may file a written request for a hearing with the Commissioner.
- The request shall be postmarked or delivered in person within
30 days of the date of the disapproval notice. If it requests
a hearing, the organization shall submit to the Commissioner,
as part of the request, a full written response to each objection
specified in the notice of disapproval, including the pertinent
facts and reasons in support of its response, and any and all
documentation to support its position. Service of the request
shall also be made on the individual(s) designated by the Commissioner
to represent him or her.
- The Administration on Aging shall have the opportunity to
respond within 30 days to the merits of the organization's request.
- The Commissioner notifies the organization in writing of the
date, time and place for the hearing.
- The hearing procedures include the right of the organization
to:
- A hearing before the Commissioner or an official designated
by the Commissioner;
- Be heard in person or to be represented by counsel, at
no expense to the Administration on Aging;
- Present written evidence prior to and at the hearing,
and present oral evidence at the hearing if the Commissioner
or the Commissioner's designee decides that oral evidence
is necessary for the proper resolution of the issues involved,
and
- Have the staff directly responsible for reviewing the
application either present at the hearing, or have a deposition
from the staff, whichever the Commissioner or the Commissioner's
designee decides.
- The Commissioner or the Commissioner's designee conducts a
fair and impartial hearing, takes all necessary action to avoid
delay and to maintain order and has all powers necessary to
these ends.
- Formal rules of evidence do not apply to the hearings.
- The official hearing transcript together with all papers documents,
exhibits, and requests filed in the proceedings, including rulings,
constitutes the record for decision.
- After consideration of the record, the Commissioner or the
Commissioner's designee issues a written decision, based on
the record, which sets forth the reasons for the decision and
the evidence on which it was based. The decision is issued within
60 days of the date of the hearing, constitutes the final administrative
action on the matter and is promptly mailed to the organization.
- Either the organization or the staff of the Administration
on Aging may request, for good cause, an extension of any of
the time limits specified in this section.
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