Tracking# 2013-00113 
FA/P 3/8/13, eff. 5/1/13 

I:/12121401.rtf 
(I:/12121401.doc) 

(12 CCR 2512-2) 

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Revisions of Sections 12.200 through 12.200.2 and 12.200.4 through 12.200.7 were final adoption following publication at the 3/8/2013 State Board meeting, with an effective date of 5/1/2013 (Rule-making# 12-12-14-1). 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, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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12.200  DOMESTIC VIOLENCE PROGRAM (DVP)
12.200.1  Purpose [Rev. eff. 5/1/13]
These rules set forth policies concerned with administering funding to support the provision of a statewide network of services to reduce the incidence of domestic violence in Colorado. 
12.200.2  DVP Advisory and Funding Recommendation Committees [Rev. eff. 5/1/13]
A.  An Advisory Committee will be established to provide feedback regarding the DVP’s direction. The Advisory Committee’s roles, responsibilities, and membership shall be determined by the Committee and, at a minimum, consist of: 
1.  Individuals who are knowledgeable in the field of domestic violence;
2.  At least one representative from the Colorado Coalition Against Domestic Violence; and,
3.  At least two representatives for programs that receive funding from DVP.
B.  A Funding Recommendation Committee shall review applications for funding and make funding award recommendations to the Executive Director of CDHS. The Funding Recommendation Committee’s roles, responsibilities, and membership shall be determined by the Committee and, at a minimum, consist of at least one representative from the Colorado Coalition Against Domestic Violence. 

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12.200.4  Request for Application (RFA) [Rev. eff. 5/1/13]
The DVP will announce availability of funding through a Request for Application (RFA) and solicit responses to a RFA as required by the state. In the RFA, distribution of funding shall minimally include:
A.  No less than seventy-five percent (75%) of funding available through the DVP shall be allocated to non-governmental entities;
B.  A process to equitably distribute DVP funding within Colorado between urban and rural areas; 
C.  The criteria for funding awards; 
D.  A process used to notify applicants of the outcome of their application; and,
E.  A procedure available to applicants to grieve the outcome of their application.
12.200.5  Contracts [Rev. eff. 6/1/12]
A.  CDHS may enter into contracts or agreements for services with any entity eligible for funding that fulfills the requirements of the application.
B.  All entities awarded a contract shall agree to all terms and conditions of the contract, up to and including compliance with the rules as set forth in Section 12.201.
12.200.6  Funded Program Monitoring [Rev. eff. 5/1/13] 
A.  Funded programs shall agree to comply and cooperate with DVP monitoring including, but not limited to, audits and on-site visits not less than once every four years to minimally include review of compliance with rules in Section 12.201. 
B.  Funded programs may be subjected to an emergency audit and/or on-site visit should conditions warrant such measures.
C.  The DVP shall document all results of audits and on-site visits in a formal report made available to the funded program.
D.  The DVP may take one or more of the following actions after an audit or on-site visit: 
1.  Develop a list of recommendations for programming or administrative improvements; and,
2.  Require funded programs to provide updates regarding progress toward reaching recommendations.
E.  The DVP may take one or more of the following actions after an audit or on-site visit where the funded program is found to be non-compliant with one or more of the DVP rules in Section 12.201: 
1.  Develop an action plan with steps and timelines for the funded program to achieve compliance;
2.  Temporarily restrict access to funding until compliance issues are remedied; or,
3.  Deny further funding including current contract obligations if compliance is not reached, the action plan fails, or DVP receives evidence of wrongdoing. 
F.  A funded program may Appeal decisions regarding action plans, restrictions placed upon funding, or denial of further funding: 
1.  For the purposes of these rules, an appeal is defined as an action that a funded program may take if the funded program disagrees with the terms of the action plan. 
2.  A funded program shall claim one or more of the following circumstances to be considered for an appeal: 
a.  The timeline is unreasonable.
b.  Discriminatory or unethical behavior occurred in the development of the action plan.
c.  Compliance cannot be reasonably obtained or efforts will cause undue harm.
3.  All appeals shall be made in writing within thirty (30) business days of issuance of plan or notification of funding restrictions or denials of further funding to the DVP director.
4.  The DVP director shall issue a written decision to the program within sixty (60) days of notice of appeal.
5.  Funded programs may appeal the DVP director’s decision to the DVP advisory committee within fifteen (15) days of notice of the decision.
6.  The DVP Advisory Committee’s written decision shall be submitted to the Executive Director of the Department or designee for review and approval. If no action is taken, the written decision becomes final agency action within thirty (30) business days of submission to the Executive Director or designee, or the Executive Director or designee may modify, revise or overturn the DVP Advisory Committee decision. 
12.200.7  Review of Formal Complaints [Rev. eff. 5/1/13]
The DVP shall review formal complaints from concerned citizens regarding the delivery of services provided or denied by a program funded by the DVP using the following process: 
A.  For purposes of these rules, formal complaints are defined as dissatisfaction with services performed or denied by a funded program. 
B.  All formal complaints shall be made to the DVP staff no later than sixty (60) days after the incident leading to the complaint arose. 
C.  DVP may accept complaints in writing, verbally, via email or other means as determined by the program. 
D.  DVP staff shall review complaints within forty-five (45) days of receipt of the written complaint and develop a written response to the program impacted to include a summary of the complaint and request for the impacted program to respond to the complaint.
E.  The identity of the concerned citizen bringing forth the complaint shall remain confidential, unless the citizen signs a confidentiality waiver/release of information. 
F.  The impacted program has thirty (30) business days to respond to the DVP staff.
G.  The DVP Advisory Committee shall review the documentation and issue a written response letter to the complainant within sixty (60) business days of receipt of impacted program’s response, indicating their recommendation to the DVP director. Recommendations could include, but are not limited to, action by the DVP, no action, development of requirements or recommendations to remedy the complaint, a corrective action plan, further investigation, or deem it to be an unfounded allegation. 

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