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(a) Subject to the provisions of this section and 20 AAC 40.265, the authority may make an emergency grant to a beneficiary-related agency, mental health service provider, or other entity that provides a significant part of its services to beneficiaries. Emergency grants are
(1) a one-time source of money to provide a bridge while securing other financial sources to maintain mental health-related services or programs or to replace property or equipment lost in an emergency;
(2) used to provide direct services to beneficiaries; and
(3) except in unusual circumstances, not used to replace lost grants or money from other sources.
(b) To qualify for consideration as an emergency grant under this section, a grant request
(1) may not have been submitted to the authority as part of a budget recommendation under 20 AAC 40.100;
(2) may not have been part of a request submitted to the legislature by the authority;
(3) may not be the result of mismanagement by the applicant; and
(4) must reflect needs that are unique to the applicant and are not representative of broader issues affecting other entities that are similar to the applicant.
(c) A request for an emergency grant may be submitted at any time. The request must be submitted in writing and must include a completed checklist form provided by the authority. Information that must be provided by the applicant includes
(1) the nature and cause of the emergency situation;
(2) the reasons that the request could not be addressed by the authority within its regular budgeting process;
(3) the results of efforts made by the applicant to identify other sources of money for the emergency situation; and
(4) any corrective action to be taken by the applicant to avoid similar emergency situations in the future.
(d) Upon receipt of a request for an emergency grant, the authority staff shall notify the following of the request and provide each with a copy:
(1) the board's emergency request panel, consisting of the board's chair, the chair of the board's program and planning committee, and the chair of the board's finance committee;
(2) appropriate planning boards;
(3) other appropriate state agencies.
(e) In addition to a copy of the emergency grant request, the authority staff shall
(1) provide the staffs analysis of the request to the emergency request panel; and
(2) request comments on the request from appropriate planning boards and other state agencies.
(f) Within two weeks after receipt of a request, the emergency request panel will conduct a hearing to determine whether the request qualifies for consideration as an emergency grant under (a) and (b) of this section and is consistent with the purposes of the trust. The authority staff shall provide notice of the hearing to the applicant and each appropriate planning board and state agency. The hearing may be held by teleconference.
(g) If the emergency request panel determines after the hearing under (f) of this section that a request does not qualify for consideration as an emergency grant under (a) and (b) of this section or is otherwise not consistent with the purposes of the trust, the authority staff shall inform the applicant in writing.
(h) If the emergency request panel determines after the hearing under (f) of this section that a request qualifies for consideration as an emergency grant under (a) and (b) of this section and is otherwise consistent with the purposes of the trust, a decision to grant or deny the request shall be made as follows:
(1) if the amount requested by the applicant is $10,000 or less, the authority staff shall forward the panel's findings to the board's executive committee; the executive committee will approve or disapprove the request and establish the amount of the grant as the committee determines is in the best interest of the trust and its beneficiaries;
(2) if the amount requested by the applicant is more than $10,000, the authority staff shall forward the panel's findings to the full board for consideration; unless a special meeting is scheduled earlier for that purpose, the board will consider the request at its next regular scheduled meeting and decide to approve or disapprove the request and establish the amount of the grant as the board determines is in the best interest of the trust and its beneficiaries.
(i) A decision of the board's executive committee under (h)(1) of this section may be appealed to the full board in accordance with 20 AAC 40.910.
(j) A decision of the board under (h)(2) of this section is a final decision of the authority. A person adversely affected by the decision may appeal to the superior court in accordance with the Alaska Rules of Appellate Procedure.
History: Eff. 10/24/2004, Register 172
Authority: AS 37.14.045
Editor's note: The emergency grant checklist is available at the office of the Alaska Mental Health Trust Authority, 550 West Seventh Avenue, Suite 1820, Anchorage, Alaska 99501. The checklist is also posted on the authority's web site. The Internet address for the Alaska Mental Health Trust Authority is http://www.mhtrust.org.
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Last modified 7/05/2006