1. (a) Prior to making an award for the construction of a new facility or the acquisition of a facility by purchase, an AAA shall submit a request for approval to the Department. The request shall include a description of all of the following:

   1. (1) The unmet MPSC need demonstrating that the particular project should be funded.
   2. (2) The method(s) used to determine the unmet need specified in (1), such as public involvement or whether a public hearing or survey was conducted.
   3. (3) The efforts made to meet the unmet need specified in (1) through other community resources or local funding.
   4. (4) The efforts made to rent or lease a suitable structure.
   5. (5) The geographic area to be served by the facility.
   6. (6) The characteristics of the older individuals who will use the MPSC, such as individuals with greatest economic need, greatest social need or low-income minority.

   7. (7) The location of the facility in terms of all of the following:

      1. (A) Accessibility to public transportation, slanted curbs, ramp entrances, well-marked streets and on-site parking.
      2. (B) Physical safety of the neighborhood.
      3. (C) Convenience of other public services.

   8. (8) The actual or proposed physical structure in terms of all of the following:

      1. (A) Compliance with architectural barrier and local building codes.
      2. (B) The availability of open space for group activities.
      3. (C) The adequacy of rooms for meeting, the serving of meals and other programs and services.
      4. (D) The potential for expansion for future needs.

   9. (9) The proposed use of the facility in terms of all of the following:

      1. (A) The anticipated number of participants on an average day.
      2. (B) The days and hours per week that the facility will be open as a MPSC.
      3. (C) The restrictions, if any, on the persons who may attend.
      4. (D) Any use of the facility for sectarian instruction or religious worship.
      5. (E) The proportion of time and the proportion of space that will be used to serve older individuals.
      6. (F) The programs and services that will be provided to older individuals.
2. (b) Within 30 days of the receipt of a request specified in (a), the Department shall either grant or deny the request. If the request is denied, the reasons for the denial, along with any recommendations that would render the request approvable, shall be provided to the AAA.

3. (c) Upon the purchase or completion of construction of the facility, the recipient of the award shall complete the following statement and file it with the County Recorder. A copy of the recorded statement shall be submitted to the AAA.

   “This is to serve as notice to all potential sellers, purchasers, transferors and recipients of a transfer of the real property described below as to the Federal Government's reversionary interests as set forth in section 312 of the Older Americans Act of 1965, as amended, 42 U.S.C. 3030b, which have arisen as a result of (name of recipient of award) use of Department of Health and Human Services' grant funds in connection with the purchase or construction of said property. The property to which this notice is applicable is (address) and identified as Parcel (insert appropriate number(s)) in the books and records of (insert appropriate name of appropriate county) Recorder's Office. Said real property is also described as: (insert description provided in survey). Further information as to the Federal Government's interests referred to above can be obtained from: (name and address of the AAA).”

Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 42 U.S.C. 3027(a)(14).

History

1. New section filed 10-6-97; operative 11-5-97 (Register 97, No. 41).