Section 0690-01-01-.03 - ELIGIBILITY(1) The Stage Agency shall determine the eligibility of donees to participate in and receive surplus personal property in accordance with standards and guidelines set forth in FPMR 101-44.207. The State Agency will also provide surplus personal property information to potential eligible applicants. The State Agency will utilize public information media, direct mail-outs, and information releases to public agencies and to nonprofit health and educational organizations. The applicants will also be provided with eligibility applications. Federal personal surplus property will be made available, after certification by the State Agency, to eligible donees certifying that such property is useful and needed when they are: (a) Public agencies carrying out or promoting for the residents of a given area one or more public purposes such as conservation, economic development, education, parks and recreation, public health and public safety.(b) Nonprofit educational or public health institutions such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, child care centers, educational radio and television stations licensed by the Federal Communications Commission, museums attended by the public, libraries serving free all residents of a community, district, state, or region, which are exempt from taxation under Section 501 of the Internal Revenue Code of 1954, for purposes of education or public health, including research for such purpose.(2) The State Agency shall maintain a complete and current eligibility file on each donee which shall include the following properly executed documents:(a) Application for Eligibility showing:1. Legal name and address2. Reasons for eligibility3. Details on applicant's activities5. Statement of financial condition(b) Donee Resolution showing:1. An act of the governing body.2. Designating individuals to act, obligate and sign for the governing body in acquiring federal surplus property in accordance with terms and conditions of transfer.(c) Evidence of approval, accreditation or licensing.(d) Evidence of public agency or tax exemption under Section 501 of the Internal Revenue Code of 1954.(e) Evidence that the applicant has complied with the GSA's regulation under Title VI of the Civil Rights Act of 1964 and nondiscrimination on the basis of sex as set forth in Code of Federal Regulations, Part 101-44.118 of Title 41.(f) Details of program activities and needs and resources and ability to utilize federal property.(3) In certain cases conditional eligibility will be granted newly organized activities which may not have commenced operations, completed construction of its facilities, or not yet been approved, accredited, or licensed as may be required to qualify as an eligible donee. In other cases, there may be no specific authority which can approve, accredit or license the applicant as required for qualification. In such cases, the State Agency may accept letters from public authorities, either local or State, which the State Agency deems competent, such as a Board of Health or Board of Education, that the applicant otherwise meets the standards prescribed for approved, accredited or licensed institutions and organizations.(4) The State Agency shall update a donee's eligibility records on a periodic basis, but not less than once every three years, to insure continuing eligibility. When a eligible donee ceases to operate, or when it loses its status by not making prompt payment of service and handling charges or fees, compliance violations or other good reasons, the State Agency shall terminate its distribution of property to such activity.Tenn. Comp. R. & Regs. 0690-01-01-.03
Original Rule filed August 31, 1977, effective September 30, 1977.Authority: T.C.A. Sections 4-330(15), 12-333(5A), and 49-808 through 49-810. See also Public Law No. 94-519.