99-346 C.M.R. ch. 25, § 2 - Administration

A. Administrative Costs. Expenditures for Administration shall be governed by 10 C.F.R. § 440.18(e), as may be amended from time to time. Surplus administrative funds will be reprogrammed in to direct WAP services in the next fiscal year as allowed by DOE.

Allowable administrative costs are categorized in 2 C.F.R. Part 200. Allowable costs include, without limitation:

1. All direct costs of Administration including but not limited to salaries, fringe benefits, travel and telephone costs, office equipment and supplies which are exclusively used in the Administration of WAP;

2. Any other direct administrative costs which have been allocated as WAP's share of total agency Administration under a current cost allocation plan; and

3. The share of subgrant funds authorized by Maine Housing which corresponds to the current indirect cost rate for apportioning indirect administrative costs out of the Subgrantee's cost pool.

In the case of Subgrantee cost allocation plans and indirect cost rates, Maine Housing reserves the right to review pertinent documentation for such plans or rates before authorizing the expenditure of subgrant funds on this basis.

B. Responsibilities of Maine Housing. Maine Housing's responsibilities under this rule shall include, but shall not be limited to, the following:

1. Select proposed Subgrantees to receive WAP subgrants;

2. Ensure effective coordination of WAP with HEAP, CHIP and ECIP operated by Maine Housing, other human services programs, and other weatherization and conservation efforts;

3. Employ sufficient professional staff to monitor compliance and provide appropriate training and technical assistance to Subgrantees and to perform regular periodic Subgrantee monitoring;

4. Train and maintain adequate staff to administer WAP;

5. Establish requirements regarding the expenditure of funds allocated to Subgrantees and define the Subgrantee Catchment Area; and

6. Select Subgrantees in a manner consistent with the requirements of 10 C.F.R. § 440.15, as may be amended from time to time. Nothing in this rule shall prevent Maine Housing from selecting Subgrantees by a request for proposals or by another form of competitive bidding.

C. Allocation of WAP Funds. WAP funds shall be allocated to Subgrantees in the manner provided for in this paragraph.

1. Maine Housing shall identify criteria indicating the need for WAP services in each Catchment Area. These criteria may include the number of applicants on a current waiting list for WAP services, number of Elderly or persons with disabilities in the Catchment Area, per capita income, percentage of income-assisted households, percentage of households in subsidized housing, heating degree days, population density and the number of HEAP assisted households.

2. Maine Housing reserves the right to real locate funds from one Subgrantee to another in the event of an Emergency, Extenuating Circumstances, special needs, program failure or completion in any Catchment Area, or for demonstration and pilot projects.

D. Subgrant Suspension and Termination. Maine Housing may temporarily suspend or terminate a subgrant with any Subgrantee at any time for cause pursuant to the procedures set forth below. Maine Housing may take immediate steps to suspend a subgrant with a Subgrantee in the event of Subgrantee's failure to comply substantially with the provisions of the Weatherization Act.

1. Any suspension or termination must be preceded by a notice to the Subgrantee stating the grounds for suspension or termination and requiring the Subgrantee to show cause why the subgrant should not be terminated.

2. The Subgrantee shall have the opportunity to show cause why the subgrant should not be terminated by requesting, within 14 calendar days of receipt of the notice, an informal conference to be held within 14 calendar days of receipt of request.

3. The informal conference will be conducted by a person other than the one who made or approved the decision under review or a subordinate of this person. Maine Housing will review the file, conduct necessary research, and give the Subgrantee an opportunity to present written or oral objections to the decision under review. In rendering a decision Maine Housing will evaluate the details surrounding the deficiency or failure to comply with the rule, Weatherization Act, State Plan, or subgrant agreement and objections presented by the Subgrantee. Maine Housing will communicate the results of the review to the Subgrantee.

4. Action against a Subgrantee for failure to comply with the provisions of the Weatherization Act or this rule shall disqualify the Subgrantee from participating in the program until the Subgrantee again complies with the Weatherization Act, the State Plan, this rule, and the subgrant agreement.

Notes

99-346 C.M.R. ch. 25, § 2