Haw. Code R. § 17-2026-3

Current through September, 2024
Section 17-2026-3 - Qualifying Standards for provider agencies
(a) Any provider agency applying for participation in any of the programs under this chapter shall meet the following requirements:
(1)
(A) Be a for-profit Organization incorporated under the laws of the State; or
(B) Be a nonprofit Organization determined by the Internal Revenue Service to be exempt from the federal income tax with a governing board whose members have no material conflict of interest and serve without compensation, with bylaws or policies that describe the manner in which business is conducted, and with policies that relate to nepotism and management of potential conflict of interest situations;
(2) Have at least one year's experience with the project or in the program area for which the request is being made; provided that the corporation may grant an exception where the Organization applying for a program under this chapter has otherwise demonstrated the necessary experience or expertise in the program area; and
(3) Have no outstanding balances owing to the corporation except that the executive director of the corporation may grant exceptions for debts recently acquired and for debts which have an approved repayment plan.
(b) The corporation may further require qualified agencies to submit proposals, including but not limited to, Information on the agency 's background, position descriptions and staff resume, program plan and design, facilities or equipment, documentation proving control of facilities including leases or, deeds, financial Standing and budget, projections, health and safety policies, and grievance procedures, to determine which Provider agencies shall receive funds for any program under this chapter.
(c) The corporation may require provider agencies to have a functioning accounting system that is operated in accordance with generally accepted accounting principles or have an entity that will maintain such an accounting system and may further require provider agencies to submit additional Information to ensure proper and accurate accounting.
(d) Upon the commencement and completion of a contract, the corporation may require a provider agency to submit to the corporation a valid tax clearance certificate from the department of taxation and the Internal Revenue Service, when required by State procurement law.
(e) Assistance may be provided to a contractor that is a primarily religious Organization if the primarily religious Organization agrees to provide all eligible activities under any program under this chapter in a manner that is free from religious influences and in accordance with the following principles:
(1) It will not discriminate against any person applying for services on the basis of religion and will not limit such housing or other Services or give preference to persons on the basis of religion;
(2) It will exert no religious influence in the Provision of supportive Services; and
(3) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion.

Haw. Code R. § 17-2026-3

[Eff NOV 15 2004] (Auth: HRS § 201G- 452(b)) (Imp: HRS § 201G-451)