Tracking #2010-00014
FA/P 03/05/2010, eff. 05/01/2010 

I:/09102201.rtf 
[I:/09102202.doc]

(12 CCR 2516-1)

[Editorial note: the Title of the CCR in the Index needs to be “Colorado Commission for the Deaf and Hard of Hearing”, not “Telecommunications Equipment Distribution Program (TEDP)”. 

[Instructions: insert before line 1442189.]
Addition of Sections 27.400 through 27.480 were final adoption following publication at the 3/5/2010 State Board meeting (Rule-making#  09-10-22-1), with an effective date of 5/1/2010. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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[Instructions: insert the following new sections after line 1405495.]
27.400  GRANT PROGRAM [Eff. 5/1/10]
The Colorado Commission for the Deaf and Hard of Hearing provides funding, as appropriated by the General Assembly and after considering the recommendations made by the Grant Program Subcommittee, for local government, state agencies, state-operated programs, private nonprofit or not-for-profit community-based organizations to address the needs of the deaf and hard of hearing community.
27.410  DEFINITIONS [Eff. 5/1/10]
“Commission” means the Colorado Commission for the Deaf and Hard of Hearing (CCDHH), as referenced in Colorado Revised Statutes, Title 26, Article 21. 
“Subcommittee” means the Grant Program Subcommittee authorized pursuant to Section 26-21-107.7, C.R.S. 
“Deaf and hard of hearing” means individuals who would self-identify as any of or any combination of the following: 
A.  “Deaf” (uppercase): A group of people, with varying hearing acuity, whose primary mode of communication is a visual language (predominantly American Sign Language (ASL) in the United States) and have a shared heritage and culture. 
B.  “deaf” (lowercase): Individuals with hearing loss who may, or may not, use ASL and do not share a heritage and culture of those who use ASL as a primary communication mode. Typically, deaf individuals communicate using oral interpreting service, assistive technology, including hearing aids, cochlear implants, and captioning provided in real-time. 
C.  “Hard of hearing”: Individuals who have hearing loss from mild to profound, beginning at any point during life. Functionally, hard of hearing individuals depend primarily on speech and listening for communication, augmented with visual cues and may use assistive technology, including hearing aids and captioning provided in real-time. Some individuals in this group use ASL for communication. 
D.  “Late-deafened”: Individuals whose hearing loss begins in late childhood, adolescence, or adulthood, after they have developed oral language skills. Typically, late-deafened individuals communicate using assistive technology, including hearing aids, cochlear implants, and captioning provided in real-time.  Some also learn to communicate in sign language. 
E.  “Deaf-blind” and “hard-of-hearing-blind”: Individuals who have varying hearing and vision acuity. Their communication modes and specific needs vary enormously according to age, onset, type of deaf-blindness or hard-of-hearing-blindness, and upbringing. 
“Entity” means a local government, state agency, state-operated program, private nonprofit or not-for-profit community-based organization.
27.420  GRANT PROGRAM SUBCOMMITTEE [Eff. 5/1/10]
A.  The Commission shall convene a five-member subcommittee consisting of members who have knowledge and awareness of innovative strategies that address challenges faced by the deaf and hard of hearing community. 
B.  The Commission shall provide information to the general public about the establishment of the subcommittee and the process for interested persons to apply to become a subcommittee member. 
C.  The Commission Nominations Committee shall screen the candidates for the Grant Program Subcommittee positions and make recommendations to the Commissioners for approval. 
D.  Membership shall consist of the following: one (1) person who has knowledge and awareness of the issues faced by deaf persons; one (1) person who has knowledge and awareness of the issues faced by hard of hearing persons; two (2) representatives from the deaf and hard of hearing community; and the Commission administrator as an ex-officio member. 
1.  The members shall serve a three-year term, with the original members’ terms staggered pursuant to Section 26-21-107.7(1)(d), C.R.S. 
2.  The members’ term limits shall be determined by the Commission. 
E.  This subcommittee shall meet to review applications and make recommendations to the Commission for approval, with recommended grant amounts, or disapproval of applications. 
The subcommittee member shall not perform any functions related to a grant application where appearance or the reality of a conflict of interest exists, including proposal writing. 
F.  The subcommittee shall make recommendations to the Commission to determine distribution of the amount(s) up to the total amount of money appropriated for this purpose on a yearly basis. 
27.430  PURPOSE OF GRANT [Eff. 5/1/10]
The purposes of the grant awards shall be to address the needs of the deaf and hard of hearing community, including, but not limited to, the following projects: 
A.  Communication access where auxiliary services and aids are made available; 
B.  Community planning to improve coordination and access to services (e.g., involvement of the community stakeholders to conduct an environmental scan, gap analysis, priority setting and strategic planning of any program); 
C.  Start-up programs that the state lacks; 
D.  Support for existing services and programs; 
E.  Other projects that meet the overall purpose of the grant program as determined by the subcommittee.
27.440  GRANT APPLICATION PROCESS [Eff. 5/1/10]
Applications shall be submitted on a form provided by the Department and shall include: 
A.  Letter of interest submitted by the governing body of the entity; 
B.  The mission statement of the entity that reflects support of the purposes underlying the grant program; 
C.  Documentation of appropriate legal status or standing as a private nonprofit or not-for-profit agency or corporation as required by Federal or Colorado law if the entity is a non-governmental agency; 
D.  A list of a functioning board of directors or advisory committee, which provides oversight and governance if applicable or the organizational structure of the government agency; 
E.  Concisely written grant proposal that sets forth, at a minimum, the objective(s) to be achieved in accordance with the purpose of the grant, the community need that the grant proposal addresses, the timeline for achieving the objective(s) and the measurable outcomes to be met; 
F.  Letters of support from three (3) entities as defined in Section 27.410 of these rules; 
G.  The proposed budget, tied to activities and outcomes and, if required by the application, fifty percent (50%) of match and source(s) committed and its narrative; 
H.  A certified copy of latest fiscal audit/financial review if the applicant is an established program, and/or a plan to manage the grant if the entity is newly created; and, 
I.  A copy of the entity’s Equal Employment Opportunity (EEO) statement, when applicable. 
27.450  TIMELINES AND SELECTION CRITERIA [Eff. 5/1/10]
A.  The grant program application timeline shall be: 
1.  July 1: Distribution of the grant application; 
2.  July 31: Deadline for final applications; 
3.  August 31: Review and approval or disapproval of the applications by the subcommittee and submittal of the recommendations to the Commission; and, 
4.  September 15: As a Type 2 transfer, the Commission shall consider the recommendation(s) of the subcommittee and shall make its recommendation(s) to the Executive Director for final approval of the grant award(s). The Commission shall also apprise the Executive Director if the Commission’s recommendation is in disagreement with the subcommittee’s recommendation so the Executive Director is able to consider this information when making the final award(s). 
B.  Grant applications will be reviewed and selected according to the following: 
1.  Completion of all application requirements; 
2.  Assurances of matching funds readily available or committed when required; 
3.  Demonstration of fiscal and programmatic management capability as evidenced by operating experience, audit or financial review as appropriate, or a plan of grant management if the agency is newly created; 
4.  Cost of the project compared to other projects; 
5.  A demonstrated community need which the grant proposal addresses; 
6.  Demonstration of community support as evidenced by direct community contributions, a volunteer component, and letters of support from other community agencies; and, 
7.  The availability of grant funds for the project.
27.460  DISPUTE RESOLUTION PROCESS [Eff. 5/1/10]
In order to resolve disputes between the Commissioners and applicants/grantees, the Commission shall adopt procedures for the resolution of disputes consistent with this section. The procedures shall be designed to establish a simple and non-adversarial format for the resolution of disputes. 
27.470  CONTRACTUAL AUTHORITY [Eff. 5/1/10]
All successful grant recipients must be willing to enter into a contractually binding agreement as prescribed by the Colorado Department of Human Services and the State of Colorado Fiscal Rules. Adherence to confidentiality laws and proof of insurance are required if the recipient intends to provide direct serves to clients through the grant proceeds. 
12.480  REPORTING [Eff. 5/1/10]
Each grantee shall be responsible for the maintenance and reporting of any required specifications as outlined in the contract.