Section 1500-01-03-.08 - MONITORING(1) Periodic compliance reviews. (a) The Commission shall from time to time review the practices of recipients (e.g. state departments and agencies) to determine whether they are complying with these regulations.(b) The Commission shall report its activities, findings and recommendations, including whenever there is a finding by the Commission that any recipient (e.g. a state department or agency) has not met the requirements of these rules, to the governor and to each member of the general assembly.(2) Title VI implementation plan required (a) It shall be a violation whenever any state governmental entity that receives Federal financial assistance fails to submit an annual implementation plan pursuant to T.C.A. § 4-21-203.(b) The implementation plan shall be submitted to the Commission no later than October 1. The annual implementation plan shall include reports and updates of any subrecipient(s) and/or contractor(s), if applicable. Each agency's plan shall include a comprehensive list that identifies all of the state entity's subrecipients and contractors (not including subcontractors).(3) Contents of the Title VI implementation plan(a) Table of contents. Table of contents shall include, at minimum, the sections listed in parts 1 - 14. The required contents of the implementation plan are subject to any guidelines issued by the Commission.1. Overview. The department or agency shall provide an overview of its operations and organizational structure to ensure that the nondiscrimination policy will be implemented throughout the entire organization.2. Federal programs or activities. Identify the following with respect to the most recent fiscal year as well as any projections for federal funds to be received during the upcoming fiscal year:(i) Each program and/or activity and the federal dollar amount received for the fiscal year; and,(ii) Each federal grant, loan or subsidy not included in subpart (i) above and the federal dollar amount received for each.3. Organization of the Civil Rights Office/Civil Rights Coordinator (i) Describe the organization and staffing of the agency's Civil Rights/ Title VI Unit.(ii) Outline the duties and responsibilities of the Title VI Director/ Coordinator.4. Data collection and analysis. Include racial and ethnic data demonstrating the extent to which members of minority groups are beneficiaries of the department's federally assisted programs and/or services.5. Definitions. Definitions of all common terms stated in the plan shall be included to ensure that agency staff, recipients and beneficiaries have consistent applicable definitions.6. Discriminatory practices. Specify prohibited discrimination practices under Title VI and where applicable, provide examples of prohibited discrimination practices in relation to agency activities.7. Limited English Proficiency (LEP) Plan. Departments and agencies shall include an LEP policy and procedure that is followed by staff when confronted with circumstances where language assistance is required;8. Complaint procedures. Describe procedures related to complaints, investigations, report of findings, and hearings and appeals, if applicable.9. Compliance review. Provide an overview of how the department or agencies monitors subrecipients and contractors concerning pre-/post-award procedures, minority representation of contractors, and public notice and outreach methods. Include procedures utilized by the department or agency to address subrecipient and/or contractor non-compliance.10. Compliance/Noncompliance reporting (i) List any federal or state departments/agencies (other than the Commission) to which the department or agency furnishes or shares Title VI compliance reports; and ,(ii) Identify and list any and all federal reporting requirements of which the state department or agency is responsible by citing the applicable Code of Federal Regulations (CFR) citation and/or federal departmental circular that governs each program, activity or federal funds identified in the implementation plan.11. Title VI training plan (i) Describe training program and provide the number of total staff, subrecipients and/or contractors, the actual number and percentage of each that received training and dates that training was offered; and,(ii) List proposed dates for future training programs that will be offered to staff, subrecipients and contractors.12. Public notice and outreach(i) Identify how the department or agency disseminates information about the following to its clients and constituents:(I) Title VI implementation plan;(II) Complaint procedures;(III) Nondiscrimination policy;(IV) Programs and services; and,(V) Participation on planning boards and advisory bodies.(ii) List the methods used by the department or agency to inform the public about the process for obtaining grants or bidding on contracts over which the department or agency has oversight.13. Evaluation procedures(i) Describe how the agency plans to address any existing needs and implementation plan deficiencies; and,(ii) Provide a timeline for meeting the above plans.14. Responsible Officials. Provide the name, title, address and signature of both:(i) the responsible State official charged with ensuring that the department or agency complies with Title VI; and,(ii) the Title VI Director/Coordinator or other designated person assigned with the task of developing and drafting the annual implementation plan.Tenn. Comp. R. & Regs. 1500-01-03-.08
Original rule filed November 15, 2010; effective February 13, 2011.Authority: T.C.A. §§ 4-21-202, 4-21-203 and 28 CFR Part 42, Subpart C.