Section 5150.6 - Unified Program Agency Performance Evaluations(a) Agency shall periodically review the UPA's performance to ensure their ability to carry out the requirements of the CalARP program pursuant to the requirements of Article 2, Chapter 6.95, of HSC and these regulations. This review shall be closely coordinated with the Unified Program periodic review process, pursuant to Section 25404.4 of HSC.(b) Unified Program Agencies shall be reviewed using the standards adopted in Sections 5150.3 and 5150.5 of these regulations.(c) If Agency determines that an UPA has failed to meet the performance requirements of subdivision (b), Agency shall, as appropriate, initiate one of the following two processes: (1) Process 1: Assumption of Authority by Agency. Agency shall serve the UPA with a written Notice of Intent to Exercise Specific Powers (NOIESP), which shall inform the UPA of the Secretary's intent to implement the CalARP Program in the local jurisdiction pursuant to Section 25533(e) of HSC. The NOIESP shall state (i) the powers of the UPA that Agency will exercise; (ii) the date on which the exercise of authority shall commence; and, (iii) the reasons it is necessary for Agency to assume this authority. (A) Response to the NOIESP. Within 60 days after receipt of the NOIESP, the UPA shall respond by: accepting the terms of the NOIESP; appealing the NOIESP; or submitting a proposed Program Improvement Agreement (PIA). If the UPA fails to respond fully to the NOIESP within 60 days, the UPA will be deemed to have accepted the terms of the NOIESP. (i) Acceptance of the NOIESP. The UPA may accept the assumption of authority described in the NOIESP by serving Agency with written notice of such acceptance. After the UPA accepts, or is deemed to have accepted, the terms of the NOIESP, Agency shall schedule a public hearing pursuant to the terms of section (c)(1)(C).(ii) Appeal. The UPA may appeal the NOIESP by serving Agency with: a written explanation of the factual or legal grounds for its appeal; any written supporting argument; and any relevant documentary evidence. After receipt of the appeal, Agency shall follow the procedures set forth in section (c)(1)(B).(iii) Submission of a PIA. The UPA may respond to the NOIESP by serving Agency with a proposed PIA. After reviewing the proposed PIA, Agency shall either accept the PIA and follow the procedures set forth in section (c)(2) or reject the proposal and schedule a public hearing pursuant to the terms of section (c)(1)(C).(B) Appeal Procedures. If the UPA appeals the NOIESP, Agency shall review the appeal to determine whether the UPA has made a sufficient showing to warrant the reversal or modification of Agency original decision. Upon completion of this review, Agency shall affirm, modify, or reverse its original decision. Agency shall make its resolution of the appeal available to the public. (i) Affirmance. If Agency affirms its original decision, it shall schedule a public hearing addressing its proposed exercise of the powers of the UPA. This hearing will be conducted pursuant to section (c)(1)(C).(ii) Reversal. If Agency reverses its decision, Agency shall serve the UPA with written notice that the NOIESP has been withdrawn.(iii) Modification. If, based on the appeal, Agency decides to modify its original decision, Agency shall (1) serve the UPA with an amended NOIESP, specifying the powers Agency intends to exercise; and (2) schedule a public hearing on this exercise of powers. This hearing will be conducted pursuant to section (c)(1)(C).(C) Public Hearing Procedures. In the event that a public hearing is required under this section, the following procedures shall be employed:(i) The hearing shall be conducted in the jurisdiction of the UPA that received the NOIESP.(ii) A notice of public hearing shall be published in a local newspaper. Notice of the hearing shall be served on the UPA.(iii) Within thirty days after the public hearing, the UPA shall review the public hearing comments and serve Agency with its responses, if any, to the comments presented at the public hearing.(D) Agency shall within 60 days review the comments presented at the public hearing and any responses submitted by the UPA. Based upon this review, and after consulting with the Secretary, Agency shall do one of the following: (i) Approve the continued implementation of the program by the UPA;(ii) Assume authority to exercise the powers of the UPA; or,(iii) Refer the matter to the Secretary, as specified in section (c)(2), with the recommendation for a PIA or decertification of the UPA.(E) In the event that Agency assumes authority to exercise the powers of the UPA, the UPA shall, upon request, provide Agency with all relevant records and documents.(2) Process 2: Referral to the Secretary. As an alternative to the procedures set forth in subsection (c)(1), Agency may refer the matter to the Secretary with a written recommendation that the Secretary institute proceedings to either: require the UPA to enter into a PIA, or, decertify the UPA pursuant to Section 25404.4(a), Chapter 6.11 of HSC. (A) After Agency issues this recommendation, the Secretary and Agency shall follow the procedures specified in Chapter 6.11 of HSC and any regulations adopted thereto applicable to PIAs or decertification.(B) If Agency recommends a PIA, Agency shall work with the Secretary to develop a PIA for the UPA.(C) If the UPA fails to sign a PIA within a time frame specified by Agency or the Secretary, Agency, in its discretion, may either: invoke Section 25533(e) of HSC and issue an NOIESP pursuant to subsection (c)(1), or, recommend that the Secretary decertify the UPA pursuant to Section 25404.4(a), Chapter 6.11, of HSC.(d) When this section requires the service of a notice or other document, service shall be made by certified mail, return receipt requested. A copy of any such notice or document shall be served on the Secretary.Cal. Code Regs. Tit. 19, § 5150.6
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25533(e) and (f), Health and Safety Code.
1. Change without regulatory effect renumbering section 2780.6 to new section 5150.6, including amendment of section, filed 3-6-2024 (Register 2024, No. 10).