2.2-5407 - Designation of community action agencies; rescission of designation.
§ 2.2-5407. Designation of community action agencies; rescission ofdesignation.
A. Each community action agency that has been designated by a unit of localgovernment and funded pursuant to the Economic Opportunity Act of 1964(Public Law 88-452) that was in operation on July 1, 1982, and is still inoperation shall be deemed a community action agency for the purposes of thischapter.
B. No new community action agency shall be designated in any area of theCommonwealth that is served by an existing community action agency.
C. The Governor may designate a community action agency to serve any localitynot currently served by an existing community action agency. Thisdetermination may be through the expansion of the service area of an existingcommunity action agency or the designation of a new community action agency.
The designated agency shall receive and review requests for the expansion ofexisting community action agencies or the designation of new community actionagencies and shall present to the Secretary of Health and Human Resources arecommendation for community action status and funding. The review andrecommendation shall be in compliance with regulations developed by the boardof the designated agency.
Upon completion of a satisfactory review of the request, the Secretary shallforward a recommendation to the Governor.
D. The Secretary of Human Resources may recommend that the Governor rescindthe designation of a community action agency for cause or by mutual agreement.
If the rescission is for cause, the Secretary shall:
1. Receive from the designated agency a request to rescind the designation ofthe community action agency, including the causes for the request;
2. Notify the chief elected official of each local governing body in theservice area of the intent to rescind the designation of the community actionagency;
3. Provide the community action agency the opportunity for a hearing on therecord; and
4. Meet any other provisions required by federal law.
If the rescission is by mutual agreement, the Secretary shall:
1. Receive from the designated agency a resolution, approved by the governingbody of the community action agency, requesting the Governor to rescind itsdesignation as a community action agency. The resolution shall include aproposed effective date for the rescission; and
2. Meet any other provisions required by federal law.
(1982, c. 667, § 2.1-597; 2001, c. 844; 2007, c. 522.)