(A) Termination in general. The deputy director of the community development division may terminate community service block grant ("CSBG") funding to an eligible entity in any of the following instances:
(1) The deputy director of the community development division determines that the governing board of the eligible entity cannot or will not take the necessary action to bring the eligible entity into compliance within the time allowed by the community development division through its office of community services ("OCS/CDD").
(2) The deputy director of the community development division determines that the nature or extent of noncompliance is extreme and warrants immediate termination of CSBG funding.
(3) The eligible entity is no longer officially recognized as a community action agency as a result of dedesignation procedures described in divisions (B)(1) and (B)(2) of section 122.701 of the Revised Code.
(4) The eligible entity fails to comply with provisions of the grant agreement.
(5) For any of the reasons set forth in the rules of the Administrative Code which govern CSBG funding.
(B) The deputy director of the community development division shall provide a written "Notification of Intent to Terminate" by certified mail, return receipt requested, to the chairperson of the governing board of the eligible entity. The notification shall include the charges for such proposed action; sections of the statutes, rules, regulations or contractual obligations that the eligible entity is charged with violating; a statement informing the eligible entity of their right to request a public hearing on the proposed termination by making a written request within thirty days of the time of the mailing of the notice. The notice shall also inform the party that the eligible entity may be represented by an attorney, or by such other representative as designated by a majority of the governing board of the eligible entity.
(C) When any notice required by this provision to be sent by certified mail is returned because of inability to deliver, the notice required shall be sent by ordinary mail evidenced by a certificate of mailing to the chairperson of the eligible entity.
(D) The failure of the deputy director of the community development division to give notice in the manner provided in this rule shall invalidate any termination order entered pursuant to such hearing.