7 AAC 53.925. Special provisions in residential child care facility grant agreements

(a) By submitting a proposal for a residential child care facility grant, a proponent agrees to all requirements of 7 AAC 50.001 - 7 AAC 50.114, 7 AAC 53.901 - 7 AAC 53.999, and 7 AAC 78, and makes an offer to provide services that is irrevocable until 26 days after the date specified in the request for proposals as the date that the department would award grants. However, at any time before the department approves a grant proposal, a proponent may amend a grant proposal if the department, in its discretion, finds that the proponent made an inadvertent error in preparation of the grant proposal.

(b) A grantee may not terminate the grant before the end of a grant year except as specifically stated in 7 AAC 53.921(e) .

(c) If a grantee breaches a condition of the grant, the department will, in its discretion, terminate the grant under 7 AAC 78.290, or seek any contract or grant remedy that is available at law or in equity, including injunctive relief and damages.

(d) A grantee shall accept appropriate state placements of children in its facility or facilities. If a grantee refuses to accept appropriate placements, the department will, in its discretion, reduce, suspend, or terminate a grant. If a grantee refuses to accept appropriate placements, and as a result fails to maintain an 80 percent occupancy rate, for any quarter, in beds for which the department has granted money, then the department will unilaterally reduce the total amount of the grant to the amount necessary to reimburse the grantee at the same rate per bed as the original grant for a number of beds for which the facility has accepted appropriate placements from the state at an 80 percent occupancy rate for the quarter. If the department elects to reduce a grant, and the grantee disputes the department's contention that placements were appropriate, the commissioner will appoint a placement committee of at least three persons to determine whether placements were appropriate before reducing the grant.

History: Eff. 1/13/85, Register 93

Authority: AS 47.05.010

AS 47.40.011

AS 47.40.041

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