Wyo. Code R. 048-0003-13
Aging Division
Chapter 13: Wyoming Senior Services Board
Effective Date: 09/03/2003 to 01/01/2004
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 048.0003.13.09032003
Section 1. Authority. The Division on Aging, pursuant to W.S. 9-2-1208(c)(iv), is authorized to promulgate rules and regulations governing programs and services for the elderly in the State of Wyoming. In addition, as per W.S. 9-2-1210 through 9-2-1215, a Wyoming Senior Services Board was created for the purposes set forth in this program.
Section 2. Applicability.
(a) These rules apply to all grantees/contractors under the Division on Aging. (b) The Department may issue manuals, bulletins, or both, to interpret the provisions of this chapter. Such manuals and bulletins shall be consistent with and reflect the copy contained in this chapter. The provisions contained in manuals or bulletins shall be subordinate to the provisions of this chapter. (c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is on the effective date of this chapter, including any amendments or changes.
Section 3. Purpose. The purpose of these rules is to create the Wyoming Senior Services Board. The Board shall consult with the Division on Aging to determine the award of grants under W.S. 9-2-1214.
Section 4. Definitions. The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout theses rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
(a) "Board" means the Wyoming Senior Services Advisory Board created by W.S. 9-2-1211; (b) "Division on Aging" means the division within the Wyoming Department of Health designated pursuant to W.S. 9-2-1302(a)(iv); (c) "Eligible Senior Center" means an organization that receives funds under the federal administration on aging Title III-B supportive services program or Title III-C nutrition program, excluding organizations that only receive Title III-B supportive services funds used exclusively for transportation. The term "eligible senior center" may include a community facility or statewide service, which is the focal point for providing a broad spectrum of services, including health, mental health, social, nutritional, recreational, and educational services for senior citizens; (d) "Senior citizen" means any person sixty (60) years of age or older; (e) "This act" means W.S. 9-2-1201 through 9-2-1215.
Section 5. Severability Clause. If any provision of these rules or the application to any program, person, service, or circumstance is held invalid, such invalidity shall not affect the other provisions or applications thereof that can be given effect, despite the invalid provision or application.
(a) The Wyoming Senior Services Board shall, as per W.S. 9-2-1212:
(i) Review innovative program grants and grant proposals;
(ii) Approve criteria for grant categories and grant applications, and make awards based on the following purposes:
(A) To meet the demands of Wyoming’s growing elderly population;
(B) To enhance services to Wyoming’s senior citizens;
(C) To strengthen the opportunity for senior citizens to age in the least restrictive environment possible;
(D) To be cost effective in the provision of services to senior citizens;
(E) To promote compliance with federal and state mandates requiring placement of people in the least restrictive environment;
(F) To supplement and enhance existing programs providing services to senior citizens in the state.
(iii) Review and monitor the expenditure of monies awarded under W.S. 9-2-1214;
(iv) In consultation with the Division on Aging, promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9-2-1210 through 9-2-1215; and
(v) Consider other necessary matters.
(b) In fulfilling its duties under subsection (a) of this section, the Board shall:
(i) Consult with the Division on Aging and the Advisory Council on Aging, appointed pursuant to W.S. 9-2-1206, as necessary; and
(ii) Consider, and may accept, federal grants and other contributions, grants, gifts, bequests, and donations from any source.
(a) The Division on Aging shall, as per W.S. 9-2-1213:
(i) Maintain, manage, and be responsible for the distribution of the funds appropriated for distribution under W.S. 9-2-1214;
(ii) Disburse the funds appropriated in accordance with awards made by the Board pursuant to W.S. 9-2-1214;
(b) Appropriated funds shall be disbursed, as follows:
(i) From the funds available for distribution, the Board may award grants to senior centers throughout the state to support the purposes specified in W.S. 9-2-1212(a)(ii). The Division on Aging shall disburse the funds in accordance with awards made by the Board under this section.
(ii) Notwithstanding W.S. 9-4-207, unobligated or unencumbered funds retained by the Division on Aging under this section shall not lapse at the end of a fiscal period, and shall remain available for distribution, as provided in this section.
(iii) The Board, in consultation with the Division on Aging, shall by rule and regulation establish a plan for distribution of funds available under this section, as follows:
(A) Each eligible senior center in the state may receive a basic grant of twenty thousand dollars ($20,000.00) from the funds available for distribution;
(B) Of the amounts remaining after the basic grants are awarded, the Board shall award seventy-five percent (75%) for grants to eligible senior centers, based on the formula developed by the Division on Aging and approved by the Board, and twenty-five percent (25%) to eligible senior centers, based on innovative grant proposals.
(c) The Board, in consultation with the Division, shall develop funding criteria, based on the provisions of Section 6(a)(ii) of these rules and the purposes in W.S. 9-2-1212, and provide information on the anticipated funding levels for each project period.
(i) Each eligible senior center may receive a basic grant of twenty thousand dollars ($20,000.00) through the funding process to address the center's needs for serving the elderly in the community.
(ii) Seventy-five percent (75%) of the amount that remains after the basic grants are awarded will be available for eligible senior centers to apply for additional funding, based on the formula developed by the Senior Services Board in consultation with the Division, as per the following criteria:
(A) The actual number of eligible meals, per the Older Americans Act rules, served during the previous project year, as reported to the Division; or
(B) For those entities that do not serve meals, an amount negotiated by the Board, in consultation with the Division.
(iii) Twenty-five percent (25%) of the funds remaining after the basic grants are awarded will be allocated to eligible senior centers in the form of discretionary grants, based upon Board approval of innovative grant proposals. This process will not be considered as part of the funding formula, but will be funded based on, but not limited to, such factors as:
(A) Availability of funding;
(B) Amount of funding remaining after two-percent (2%) is allocated to the Division for expenses related to administering the purposes of the Board.
(C) Approval of proposed programs and/or services, as decided by the Board, in consultation with the Division.
(a) The Division, in consultation with the Board, will provide written notice regarding for which portion of the grant funding they are accepting applications. After the initial start-up year of this funding, the notice of the process for grant applications will be distributed no later than March 31 for a project period covering July 1 through June 30 of the following year. Information will be sent directly to eligible senior centers.
(a) Grant applications shall include, at a minimum:
(i) A cover page, in a format approved by the Board in consultation with the Division, with the original signature of the Project Board Chairman, or authorized official, and the original signature of the Project Director;
(ii) Supporting budget pages and budget justification;
(iii) Project narrative, including:
(A) Operation of the project, including a description of services to be provided by the applicant, numbers of new or additional people to be served, and an outline of services that will be coordinated through other agencies, if applicable;
(B) Administration of the project, including staffing patterns for the proposed project, if applicable; and
(C) How the proposed project meets the purposes of this funding, per Section 6(a)(ii) of these rules.
(a) Except for the initial start-up year, grant applications must be received by the Board, in consultation with the Division, by April 30 of each year, for the project period to begin July 1.
(i) After the initial start-up year of this funding, grants postmarked after April 30 will not be accepted.
(ii) An additional grant application opportunity will be allowed for the innovative, competitive portion of the funding, with grant applications due by October 31 for a project period to begin January 1.
(b) Each application will be reviewed by the Board, in consultation with the Division, according to following criteria:
(i) The grant shall be complete and accurate;
(ii) The grant shall meet the needs of the elderly, per the purposes of this funding, as described in Section 6(a)(ii) of these rules.
(c) If approved, the grant will be processed, and a Notice of Grant Award will be issued by the Division, along with a contract for the disbursement of funds.
(d) If denied, the applicant agency will be informed of its right to an administrative hearing under Chapter 2, Section 4, of the Rules and Regulations of the Wyoming Division on Aging.
Section 11. Carryover of Funding. The Board, in consultation with the Division, will review the final reports from grantees within thirty (30) days of the end of the grant period. If a grantee project has not spent all of its awarded funds by the end of the grant year, the Board may approve an extension of time in which to use those unspent funds, contingent upon the following:
(a) The grantee must submit to the Board, within 45 days of the end of the grant period, a letter of explanation outlining:
(i) Why the grantee was unable to spend the funds during the grant year.
(ii) How the grantee plans to spend the carryover funds.
(iii) The date by which the carryover funds will be spent, not to exceed six (6) months after the end of the previous grant period.
Section 12. Payment. The Division, in consultation with the Board, will make payments to grantees twice per year, contingent on the following:
(a) The Board, in consultation with the Division staff, will review and analyze required quarterly program performance reports and fiscal reports.
(b) The Board reserves the authority to suspend funding if terms and requirements of the contract are not being met.
Section 13. Monitoring and Assessment. The Board, in consultation with the Division, will review and analyze required quarterly program performance reports and fiscal reports, and Division assessment reports, as applicable.
(a) The Division staff will periodically conduct an on-site review of each grantee, as part of its regular grantee assessment schedule, to evaluate records and activities. A written report will be sent to the Board and the grantee within thirty (30) days of the on-site review.
Section 14. Reporting. The Board, in consultation with the Division, will review and evaluate program and fiscal reports:
(a) Written program progress and fiscal reports are required for each quarter of the grant year. Reports must be received by the Division by the tenth working day of the month following the end of each quarter.
Section 15. Compliance. If grantee deficiencies or non-compliant conditions are found, the Board, in consultation with the Division, will:
(a) Work with the grantee to determine the corrective steps and/or plan of action to be taken by the grantee;
(b) Develop a written plan of action and/or corrective steps to be completed by a mutually agreed upon date, not later than ninety (90) days from the date of the agreed upon plan of action; and
(c) Re-assess or re-evaluate the grantee at the end of the ninety (90) day correction period for compliance with all applicable rules and the plan of action.