(a) Responsibilities.
(1) The primary responsibilities of the Law Enforcement Committee are developing funding strategies and overseeing awards of the:
- (A) Edward Byrne Memorial Justice Assistance Grant (JAG) Program from the United States Department of Justice;
- (B) State Drug Crime Enforcement and Prosecution Grant Fund; and
- (C) Special State Assets Forfeiture Fund.
- (2) In addition, the committee reviews requests from units of state and local governments including cities, counties, state agencies, prosecuting attorneys, circuit judges, and various law enforcement agencies, municipalities, and drug task forces for funding from recovered grant funds administered by the Arkansas Alcohol and Drug Abuse Coordinating Council.
- (3) The committee is also responsible for providing recommendations to the council for the awarding of state and federal funds for drug interdiction, eradication, education, rehabilitation, and drug courts.
(b) Procedures.
(1)
- (A) Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
- (B) In each state, the Governor or other chief executive officer designates a state agency (state administering agency, or SAA) to apply for and administer these funds.
- (C) The SAA for Arkansas is the Office of Intergovernmental Services.
- (D) As the SAA for Arkansas, the Office of Intergovernmental Services is responsible for:
(i) Coordination of JAG funds among state and local justice initiatives;
(ii) Preparation and submission of the state JAG application;
- (iii) Administration of JAG funds including:
- (a) (a) Establishing funding priorities;
(b) (b) Distributing funds;
(c) (c) Monitoring subrecipients' compliance with all JAG special conditions and provisions; and
(d) (d) Providing ongoing assistance to subrecipients; and
- (iv) Submission of:
- (a) (a) Financial reports;
(b) (b) Programmatic reports;
(c) (c) Performance measures; and
- (d) (d) Subgrant information.
(E)
- (i) After receipt of award by the SAA from the United States Department of Justice, a notice of funds available will be sent by the Office of Intergovernmental Services to the:
- (a) (a) Arkansas Drug Director;
(b) (b) All mayors, chiefs of police, county judges, sheriffs, circuit, district, and municipal judges, prosecutors; and
(c) (c) All state agencies that have a law enforcement function.
(ii) The notice will contain a due date for submission of applications.
- (iii) If the due date falls on a weekend, the due date will be the Monday following the due date, unless that Monday is a state or federal holiday, in which case the due date will be the Tuesday following the original due date.
- (iv) All applications must be received by the close of business, 4:30 p.m. on the due date, in order to be considered for funding.
- (v) In the event of extraordinary circumstances, a late filing may be accepted by approval of the Administrator of the Office of Intergovernmental Services upon showing by the applicant that unexpected circumstances beyond the control of the applicant agency prevent a timely filing.
(F)
- (i) Upon receipt, the Office of Intergovernmental Services will review all applications and make recommendations based on:
- (a) (a) Funding priorities;
(b) (b) Availability of funds;
(c) (c) Grant program restrictions; and
(d) (d) Federal grant management regulations.
- (ii) The individual project descriptions, budgets, budget narratives, the Office of Intergovernmental Services’ funding recommendations, and overall grant program budget will be sent by the Office of Intergovernmental Services to the committee for review by each of the committee members and then by the committee as a whole.
- (iii) The applying law enforcement agency, upon request by the committee or the council, may be required to appear before the committee or the council to support its application.
- (iv) Federal grant management issues of supplanting, unallowable costs to federal funding, unavailability of federal funding, or impermissible federal program uses are to be determined by the state administering agency, the Office of Intergovernmental Services.
- (v) The committee will forward its recommendations for funding to the council.
- (vi) Upon receipt of the committee's recommendations, the council may take any action it deems appropriate with respect to the recommendations, including, but not limited to:
- (a) (a) Voting to accept the committee's recommendations;
(b) (b) Requesting additional information; or
(c) (c) Delaying a decision until such time as the council determines to be appropriate.
(vii) The Office of Intergovernmental Services will notify applicants of the council’s decision, as well as any right to seek reconsideration.
- (viii) Any applicant who has been denied funding by the council must notify the director and the Office of Intergovernmental Services in writing of the intent to seek reconsideration no later than ten (10) business days of receiving notification.
- (ix) The party requesting reconsideration will submit written materials supporting the request.
- (x) Parties desiring reconsideration may request the opportunity to present oral arguments before the council.
- (xi) After the request for reconsideration has been presented, the council may either refer the request back to the committee for reconsideration or take any other action it deems necessary, including not reconsidering the request for funding.
- (xii) If the applicant is referred back to committee, the request for reconsideration will be reviewed and resubmitted to the council for final decision.
(2)
- (A) State Drug Crime Enforcement and Prosecution Grant Fund Program.
- (B) The Office of Intergovernmental Services administers these funds in accordance with guidelines established by the council.
- (C) The Office of Intergovernmental Services administers these funds in accordance with guidelines established by the council.
- (D) Reference Rules of Procedure for the State Drug Crime Enforcement and Prosecution Grant Fund, 12 CAR pt. 90, revised June 2018.
(3)
- (A) Special State Assets Forfeiture Fund Grant Program.
- (B) The Office of Intergovernmental Services administers these funds in accordance with guidelines established by the director’s office.
(C) Reference Rules of Procedure for the Special State Assets Forfeiture Fund, 5 CAR pt. 40, revised June 2018.
- (c) Unused or recovered funds.
(1) When the Office of Intergovernmental Services determines that unused or recovered funds are available, they shall notify the council of the:
- (A) Availability of such funds;
- (B) Approximate amount available; and
- (C) Deadline for applying for such funds.
- (2) All grant funds which are not used by the grantees or which are returned by the grantees shall be awarded in accordance with the procedures stated in subsection (b) of this section.