Administrative Rule Review Report  #AR07-049

Legislative Service Office

12-Sep-07

AGENCY: Department of Health.

DATE SUBMITTED: September 12, 2007.

SUBJECT: Chapter 1, Wyoming Senior Services Board.

NATURE OF RULES:                     Legislative, procedural.

STATUTORY AUTHORITY:         W.S. 9-2-1212(a)(iv)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.

SUMMARY OF RULES: The rules amend chapter 1 pertaining to the Wyoming Senior Services Board and which establishes the duties and responsibilities of the Aging Division and the Wyoming Senior Services Advisory Board and the award of grants to senior centers under W.S. 9-2-1214.  The rules are amended to reflect a naming change from the Division on Aging to the Aging Division.  The rules are also amended to reflect the membership of the Wyoming Senior Services Board as established by W.S. 9-2-1211.  The duties and responsibilities of the board are amended to bring them in line with the duties as set out in W.S. 9-2-1212 to review emergency grant proposals, to adopt the basic grant formula and criteria for grant applications.  The rules as amended provide that the board shall select one of its voting members to serve as chairman and one voting member to serve as vice chairman and that the board shall meet not less than two times each year.  The rules also provide that the Aging Division may retain not more than 1% of the funds available for distribution to pay allowable expenses of the board.  The rules increase the amount of a basic grant that an eligible senior center in the state may receive from $20,000 to $30,000.  The rules also increase the amount of the remaining funds that shall be awarded as formula grants from 75% to 95% and provide that the funds remaining after the award of basic and formula grants shall be used for emergency grants of not more than $20,000.  The rules as amended establish that funds remaining at the end of the fiscal period shall be accounted for separately and available for emergency grants or a grant formula determined by the board.  The rules are amended to state that an eligible senior center shall receive the $30,000 basic grant.  The rules delete the right to an administrative hearing if a grant application is denied.

The rules also increase the number of days that a grantee has to submit a letter of explanation for unspent funds from 15 to 30 days and amend the contents of the letter and provide that the grantee must indicate that the grantee will be able to spend the funds within three months instead of six months.  The rules establish that unspent funds must be returned to the board by July 15 of each year unless an extension is granted.  The rules establish that a modification to an approved budget that exceeds ten percent of the original amount in any expense category must be approved by the board and that the requesting entity must submit a written letter of request and explanation to the chairman of the board.  The rules amend the reporting requirements by providing that the grantee must submit two copies of the performance and fiscal reports required for each quarter and that the reports must be received by the fifteenth day of each quarter.

FINDINGS:                     The rules appear to be within the scope of statutory authority and legislative intent.  This is a new rule as defined in

STAFF RECOMMENDATION: That the rules be placed on the consent list and be approved by the Council as submitted by the Board.

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Joshua Anderson

Research Associate

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David K. Gruver

Assistant Director

JDA/