Section 20.40.260. Emergency grants.

	(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. 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)  No later than five working days after receipt of a request for an emergency grant, the authority staff shall review the grant request to determine if it addresses an emergency and is not the result of mismanagement by the applicant. If the authority staff determines that the request does not address an emergency, the authority staff shall notify the applicant of the reason. If the authority staff determines that the request addresses an emergency, the authority staff shall notify the following of the request:  
		(1) the board's executive 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 provide the staff's analysis of the request to the executive committee.  
	(f)  No later than 10 working days after an initial determination by the authority staff that the grant request addresses an emergency and is not the result of mismanagement by the applicant, the executive committee will conduct a meeting to determine whether the request qualifies for consideration as an emergency grant under (a) and (b) of this section. The authority staff shall provide notice of the meeting to the applicant and each appropriate planning board and state agency. The meeting may be held by teleconference.  
	(g)  If the executive committee determines after the meeting 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 executive committee determines after the meeting 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 $50,000 or less, 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 $50,000, the authority staff shall forward the executive committee's determination 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.  

Authorities

37.14.045;47.30.031;47.30.051;47.30.056

Notes

Reference

20 AAC 40.415
20 AAC 40.910

Authority

AS 37.14.045 AS 47.30.031 AS 47.30.051 AS 47.30.056

History

Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202