S.C. Code Regs. § § 19-410.9

Current through Register Vol. 48, No. 10, October 25, 2024

Section 19-410.9 - Eligibility

A. Scope.

The State Agency procedures for determining the eligibility of public agencies and non-profit educational and public health institutions and organizations in the State shall be those standards and guidelines as set forth in FPMR 101-44.207.

B. Determination of Eligibility.

The State Agency is responsible for the determination that an applicant is eligible as a public agency or a non-profit educational or public health institution or organization to participate in the program and receive donations of surplus personal property, and to utilize such property for the purposes authorized by the act. In establishing a listing of potential donees the following sources of information will be utilized:

(1) Public Agencies

(a) The Secretary of State

(b) The South Carolina Legislative Manual

(2) Non-profit, Tax-exempt Institutions

(a) State Departments of Education, Higher Education, Public Health, Mental Health, Mental Retardation, Youth Services and others for listing of all local units approved or licensed by them.

(b) Existing records of institutions now eligible under the existing Surplus Property Program.

(c) State and regional organizations and associations.

(d) Inquiries, letters, telephone calls, etc., received regarding eligibility.

(e) Contacts may be made by letter, telephone calls, general meetings, or conferences with above groups, supplemented when necessary by news release, information bulletins. Special efforts will be made to present the Surplus Property Program at conferences and meetings.

C.

(1) As a condition of eligibility each unit will be required to file with the State Agency:

(a) An Application Certificate and Agreement Form signed by the Chief Administrative Officer accepting the terms and conditions under which property will be transferred.

(b) A written authorization from the Chief Administrative Officer or executive head of the donee activity, or a resolution of the governing body, designating one or more representatives to act for the applicant, obligate any necessary funds, and execute issue sheets.

(c) Assurance of Compliance indicating acceptance of Civil Rights and Non-Discrimination on the basis of sex in accordance with GSA regulations and requirements.

(d) A Directory Information Form including legal name of applicant, address and telephone number and their status as a public agency or non-profit, tax-exempt educational, or public health unit.

(e) Details and scope of their program including their different activities and functions.

(f) Listing as to the types and kinds of equipment, vehicles, machines or other items they need.

(g) Financial information if necessary to help in evaluation of their relative needs and resources.

(h) Proof of their tax-exemption under Section 501 of the Internal Revenue Code of 1954 (for non-profit units only.)

(i) Proof that the applicant is approved, accredited or licensed in accordance with FPMR 101-44.207.

D. Maintaining Eligibility.

(1) Eligibility files are maintained for each donee, alphabetically by County.

(2) The State Agency shall update each donee's eligibility on a periodic basis, but not less than once every three years, to ensure continuing eligibility.

(3) The State Agency shall terminate its distribution of property to the activity when the eligible donee ceases to operate, loses its license, accreditation, or approval or otherwise fails to maintain its eligibility status.

(4) The State Agency may, at its option, terminate distribution of property to the donee if service charge accounts are delinquent ninety days or more, or at any time the State Agency determines that the activity is without adequate resources to pay its obligations.

E. Conditional Eligibility.

(1) In certain cases where newly organized activities have not commenced operations or may not have been approved, accredited, or licensed as may be required as eligible donees, the State Agency may, under certain circumstances as outlined in FPMR 101-44.207(i), establish a conditional eligibility for the activity.

S.C. Code Regs. § 19-410.9