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180.00.1-5. STRUCTURE

AR ADC 180.00.1-5Arkansas Administrative CodeEffective: January 1, 2019

West's Arkansas Administrative Code
Title 180. Arkansas Alcohol and Drug Abuse Council
Division 00.
Rule 1. Rules of Procedure
Effective: January 1, 2019
Ark. Admin. Code 180.00.1-5
180.00.1-5. STRUCTURE
Three standing committees have been established to assist in carrying out the responsibilities of the Council as prescribed by law and any other matters referred to them by the Council. They are a Prevention, Education, and Treatment Committee, chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services; a Law Enforcement Committee; and a Policies and Procedures Committee. The Arkansas Drug Director may establish a Joint Action Committee as well as other committees as necessary. Each committee is comprised of Council members assigned to the committee by the Drug Director, who may, at her or his discretion, restructure the membership of each committee on an annual basis.
The Drug Director serves on each committee as a non-voting member. In addition, the chairperson of each committee may not vote on a matter before the committee except in cases of a tie, in which case the chairperson shall cast the deciding vote. A simple majority of committee members constitutes a quorum. When a vote is taken, a simple majority of the members present is sufficient for the committee to act on the matter before it. Recommendations by the respective committees will be forwarded to the Council for action consistent with these rules.
A. Prevention, Education, and Treatment Committee
(1) Responsibilities.
The Prevention, Education, and Treatment Committee is responsible for recommending awards of state and federal funding to state and local agencies, schools, and private non-profit groups in the areas of prevention, education, and treatment of alcohol and drug abuse.
(2) Procedures.
All applications considered for funding by the Prevention, Education, and Treatment Committee are available through DAABHS and are to be submitted in accordance with DAABHS's rules and regulations, while funding consideration of competitive contract proposals must abide by state procurement procedures. DAABHS shall not forward a competitive grant/contract and/or continuation request to the Committee unless it has met (1) technical review to assure compliance with grant/contract requirements and (2) program review to assure the proposed project is sound and appropriate to the DAABHS strategic plan. Upon receipt of the forwarded applications, the Prevention, Education, and Treatment Committee will review the applications and interview all applicants to determine which applications will be recommended for further funding consideration by the Council. Upon receipt of the committee's recommendation, the Council may take any action it deems necessary with respect to the recommendation, including, but not limited to, voting to accept all of the committee's recommendations, requesting additional information, or delaying a decision until such time as the Council determines to be appropriate.
(3) Unused or returned funds.
All funds awarded but not used by a grantee/contractor returned to DAABHS shall be available for redistribution in accordance with the Procedures stated in A. (2) above, providing that such reissue fits within the time limitation of the original funding source.
B. Law Enforcement Committee
(1) Responsibilities.
The primary responsibilities of the Law Enforcement Committee are developing funding strategies and overseeing awards of the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program from the U.S. Department of Justice, the State Drug Crime Enforcement and Prosecution Grant Fund, and the Special State Asset Forfeiture Funds. In addition, the committee reviews requests from units of state and local government 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 Council. The Law Enforcement 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.
(2) Procedures.
Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program:
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. The SAA for Arkansas is the Department of Finance and Administration Office of Intergovernmental Services (IGS). As the SAA for Arkansas, IGS is responsible for:
◼ Coordination of JAG funds among state and local justice initiatives.
◼ Preparation and submission of the state JAG application.
◼ Administration of JAG funds including establishing funding priorities; distributing funds, monitoring subrecipients' compliance with all JAG special conditions and provisions; and providing ongoing assistance to subrecipients.
◼ Submission of financial reports, programmatic reports, performance measures, and subgrant information.
After receipt of award by the SAA from the U.S. Department of Justice, a Notice of Funds Available will be sent by the Office of Intergovernmental Services, Department of Finance and Administration to the Drug Director, all mayors, chiefs of police, county judges, sheriffs, circuit, district, and municipal judges, prosecutors, and all state agencies that have a law enforcement function. The Notice will contain a due date for submission of applications. 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. All applications must be received by the close of business, 4:30 PM, on the due date in order to be considered for funding. In the event of extraordinary circumstances, a late filing may be accepted by approval of the Administrator of IGS upon showing by the applicant that unexpected circumstances beyond the control of the applicant agency prevent a timely filing.
Upon receipt, IGS will review all applications and make recommendations based on funding priorities, availability of funds, grant program restrictions, and federal grant management regulations. The individual project descriptions, budgets, budget narratives, the IGS funding recommendations, and overall grant program budget will be sent by IGS to the Law Enforcement Committee for review by each of the committee members and then by the committee as a whole. The applying law enforcement agency, upon request by the Law Enforcement Committee or the Council, may be required to appear before the Law Enforcement Committee or the Council to support its application. 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, IGS. The committee will forward its recommendations for funding to the Council. 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, voting to accept the committee's recommendations, requesting additional information, or delaying a decision until such time as the Council determines to be appropriate. IGS will notify applicants of the Council's decision, as well as any right to seek reconsideration. Any applicant who has been denied funding by the Council must notify the Drug Director and the Office of Intergovernmental Services, Arkansas Department of Finance and Administration, in writing of the intent to seek reconsideration no later than ten (10) business days of receiving notification. The party requesting reconsideration will submit written materials supporting the request. Parties desiring reconsideration may request the opportunity to present oral arguments before the Council. 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. If the applicant is referred back to committee, the request for reconsideration will be reviewed and resubmitted to the Council for final decision.
State Drug Crime Enforcement and Prosecution Grant Fund Program:
The Department of Finance and Administration Office of Intergovernmental Services (IGS) administers these funds in accordance with guidelines established by the Arkansas Alcohol and Drug Abuse Coordinating Council. (Ref: Arkansas Alcohol and Drug Abuse Coordinating Council The Department of Finance and Administration Office of Intergovernmental Services (IGS) administers these funds in accordance with guidelines established by the Arkansas Alcohol and Drug Abuse Coordinating Council. (Ref: Arkansas Alcohol and Drug Abuse Coordinating Council Rules of Procedure: State Drug Crime Enforcement and Prosecution Grant Fund, revised June 2018.)
Special State Assets Forfeiture Fund Grant Program:
The Department of Finance and Administration Office of Intergovernmental Services (IGS) administers these funds in accordance with guidelines established by the Arkansas Drug Director's Office. (Ref: Office of the State Drug Director Rules of Procedure: Special State Assets Forfeiture Fund, revised June 2018.).
(3) Unused or Recovered Funds.
When the Office of Intergovernmental Services, Department of Finance and Administration, determines that unused or recovered funds are available, they shall notify the Council of the availability of such funds, the approximate amount available, and the deadline for applying for such funds. 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 state in B. (2) above.
C. Joint Committee Action.
The Prevention, Education, and Treatment Committee and the Law Enforcement Committee shall meet jointly on matters including, but not limited to, the Residential Substance Abuse Treatment for State Prisoners Program, and shall make recommendations for funding to the Council which shall make the final funding decision.
D. Policies and Procedures Committee.
The Policies and Procedures Committee reviews and recommends, as needed, revisions to the rules of procedure that govern the operations of the Council. Any recommendations by the committee will be forwarded to the Council, and any action taken by the Council will be consistent with the provisions of the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201, et seq.

Credits

Amended Aug. 1, 2011; Jan. 1, 2019.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 180.00.1-5, AR ADC 180.00.1-5
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