Chapter 179-2 Dispute Resolution and Conflict Management Program

179-2-01 Definitions.

(A) "Commission" means the Ohio commission on dispute resolution and conflict management, established pursuant to section 179.02 of the Revised Code.

(B) "Dispute resolution and conflict management" means any process that assists persons with a dispute or a conflict to resolve their differences without further litigation, prosecution, civil unrest, economic disruption, or violence.

(C) "Dispute resolution and conflict management program" means any of the following:

(1) A program that provides or encourages dispute resolution and conflict management, including but not limited to, a program that provides or encourages mediation or conciliation, a mini-trial program, a summary jury trial, or nonbinding arbitration. The program may serve the legal community, business community, public sector, private sector, or private individuals, or any combination of them, and its scope may include disputes and conflicts in the domestic context, international context, or both.

(2) A program that provides education or training, in the primary and secondary schools and colleges and universities of this state, as well as in other appropriate educational forums, about the elimination, prevention, resolution, and management of disputes and conflicts in the domestic and international context.

(3) A program that provides or encourages dispute resolution and conflict management, as described in paragraph (C)(1) of this rule, and provides education or training, as described in paragraph (C)(2) of this rule.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-02 Grantee eligibility for funding.

Priority shall be given to grant applicants who are public or private nonprofit organizations and who develop programs in accordance with the mission of the commission pursuant to rule 179-1-03 of the Administrative Code.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-03 Notification of availability of funds.

The commission shall notify prospective grantees that grant dollars for the fiscal year are available by:

Distributing grant announcements to those persons or organizations that file a request with the commission to be notified of such announcements. The grant announcements in any fiscal year shall clearly delineate the following:

(A) Priority areas for funding during the grant period;

(B) Limitations on utilization of resources or activities; and

(C) The manner in which applications will be reviewed and the criteria utilized for funding decisions.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-04 Application process.

(A) To be eligible for consideration, grant applicants, who meet the criteria set forth in rule 179-2-02 of the Administrative Code, must submit a completed application by the deadline specified in the grant announcement. The deadline for receipt of the completed application in the commission office is five p.m. on the date stated in the grant announcement.

A completed application may be defined in the grant announcements as a concept paper or it may be defined as a fully developed proposal. If the completed application is defined in a grant announcement as a concept paper, the grant announcement must state the process for selecting applicants to submit fully developed proposals. However, in all instances, an application must include the following information to be determined to be a completed application:

(1) Taxpayer identification number or social security number of prospective grantee(s);

(2) An Internal Revenue Service tax exempt certificate, if applicable;

(3) Evidence of compliance with Titles VI and VII of the 1964 Civil Rights Act and amendments thereto, which prohibit discrimination because of race, sex, national origin, age or color;

(4) Evidence of compliance with Section 504 of the 1973 Rehabilitation Act and any amendments thereto, which prohibit discrimination in any facet of the applicant's operation.

(5) Additional information as required by the Commission as set forth in its grant announcements.

(B) Applicants who are ineligible for grant participation will be notified in writing by the commission.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-05 Special grant categories.

(A) Notwithstanding rules 179-2-02 to 179-2-04 of the Administrative Code, the commission may make non-competitive grants for purposes of carrying out rule 179-1-03 of the Administrative Code when one or more of the following conditions are met:

(1) The grant is in accordance with the provisions of donations, bequests, gifts, grants or other awards made to the commission's gifts and grants fund under the provisions of divisions (A)(4) and (B)(1) of section 179.03 of the Revised Code; or

(2) The grant is for an amount less than ten thousand dollars for research, evaluation or program implementation; or

(3) The grant is made to another agency of the state.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-06 Grant review.

The commission may delegate such authority as it deems appropriate to a grant review committee and any standing committee(s) or subcommittee(s) of the commission to review grants and make recommendations for funding consideration to the commission.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-07 Program costs.

(A) "Allowable costs" are the expenses for budgeted line items that have been approved by the commission. Allowable program costs must:

(1) Be necessary and reasonable for proper and efficient administration of the program, be allocable, and except as specifically provided, not be a general expense to carry out the overall operations of the grantee;

(2) Be authorized or not prohibited under state or local laws or regulations;

(3) Be consistent with other policies, regulations, and procedures that apply to other activities of the grantee; and

(4) Be accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances.

(B) Personnel costs are allowable program expenses under commission grants. Program funds may be used to compensate employees for the time devoted specifically to execution of grant programs. "Employees" constitute those individuals who are entered into the applicant's employment system, are receiving fringe benefits provided to grantee applicant's employees and are subject to grantee applicant's employment rules and policies.

(C) Compensation for program employees shall include all remuneration paid currently or accrued for services, rendered during the period of performance under the grant agreement including wages, salaries, supplementary compensation and benefits. Compensation for program employees shall be considered reasonable to the extent that it is consistent with that paid for similar work in other activities of the grantee applicant. The commission reserves the right to disapprove the use of program funds for any employee benefit included in the budget request if, in the commission's opinion, the benefit is inconsistent with allowable cost requirements.

(D) Individuals providing services under personal service contracts that do not meet the conditions of paragraph (B) of this rule are considered as contract employees. All contracts and subcontracts entered into by the grantee with commission funds shall contain all of the following:

(1) Clear and unambiguous provisions sufficient to define a sound and complete agreement;

(2) Provisions or conditions for administrative, contractual or legal remedies if the contractor violates or breaches terms of the contract.

(3) Suitable provisions for termination of the contract by the grantee including but not limited to the manner of termination and the basis for settlement; and

(4) A description of conditions for termination for default and circumstances beyond the control of the contractor.

(E) Travel costs are allowable expenses and include transportation, lodging, subsistence and related items incurred by program employees under this rule. Contractual employees are eligible for travel reimbursement; however, the terms for reimbursement shall be included in the contractual agreement. Costs shall be budgeted and reported under contractual expenses.

(1) Costs may be charged on an actual basis, per diem or mileage basis in lieu of actual costs incurred, provided the method used results in charges consistent with those in effect with the department of administrative services, unless prior approval has been received from the commission.

(2) Travel costs are allowable for client transportation when necessary to meet objectives.

(F) Equipment purchases may be allowed if it is determined by the commission to be consistent with the goals and objectives for carrying out the performance of the program.

(G) A written budget revision request must be submitted to the commission to revise any part of an existing budget, including, but not limited to, modification of the grant award, modification of the total program budget, transfer of funds among budgeted line items or introduction of additional line items. A budget revision submitted for a modification in the grant award or total program budget must be approved or disapproved by the commission. Budget revisions for transfer of funds among budgeted line items or for additional line items to the budget may be approved or disapproved by the executive director. If approved, the revised budget request supersedes the existing budget.

(1) Program expenditures may not be approved when the budget revision request is submitted after the expenditure is made.

(2) Programs are limited to one budget revision a quarter unless acceptable justification can be provided.

(3) Grantees will be notified of budget revision approvals in a letter signed by the executive director.

(4) Grantees will be notified of budget revision disapprovals in a letter which states the reasons for disapproval and is signed by the executive director.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-08 Payment of grant funds.

(A) A grant award notice including any conditions or requested revisions will be signed by the chair or the executive director of the commission and will be sent to all successful applicants to activate the grant award process.

(B) The commission will send written notice to all unsuccessful applicants.

(C) A successful applicant has thirty days from the date of the grant award notice to acknowledge acceptance of the grant and to respond to any condition or revision requested by the commission. If the successful applicant does not acknowledge acceptance of the grant award and/or respond to any condition or requested revision within thirty days, or other agreed upon reasonable time after notification, the grant award may be rescinded by the commission with a written notice to the applicant.

(D) After a successful applicant has acknowledged acceptance of the grant award and responded to any condition or requested revision, the commission will send to the applicant a grant award agreement which must be signed, dated and returned to the commission. When the grant award agreement is signed by the commission and the applicant, grant funds will be encumbered in the name of the applicant.

(E) The payment schedule will be as stated in the grant award agreement. The initial payment will be sent after receipt of the signed grant award agreement. Subsequent payments will be processed upon receipt of expenditure reports and/or progress reports.

(F) Warrants shall be made payable to the grantee.

(G) Payments may be delayed if:

(1) Expenditure reports and/or progress reports have not been received as stated in the grant award agreement or

(2) A final budget or budget revision request has not been approved.

(H) A final report, including an expenditure report, is due as stated in the grant award agreement.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91

179-2-09 Grants management.

(A) It is the responsibility of the commission to ensure grantee financial accountability by:

(1) Reviewing budget applications, budget revisions and expenditure reports;

(2) Making a fiscal review when deemed necessary;

(3) Conducting compliance reviews when deemed necessary;

(4) Processing grant payments;

(5) Ruling on the acceptability of late expenditure reports; and

(6) Reviewing progress and final reports.

(B) The grantee shall:

(1) Deposit grant funds promptly, no later than three days after receipt.

(2) Account for grant funds in accordance with sound accounting principles and expend funds only for allowable and approved costs.

(3) Provide the commission with an audit as stated in the grant award agreement and make available for prompt return to the commission, any unspent balance on the grant.

(4) Permit any member or agent of the commission to review any and all records, books, documents and financial reports upon reasonable notice. These materials must be audited and held for two years after the audit in the offices of the grantee.

(5) Complete all requirements of the grant award.

(C) Outstanding obligations at the end of the grant period which are allowable costs and legally required may be paid out of program funds. They include accounts payable for authorized services and/or goods that benefited the funded grant period, such as, costs for employee services during the final pay period and/or for supplies which were ordered and delivered during the grant period.

(D) Only in specific circumstances may grant awards be obligated and used to pay for goods and/or services to be received after the end of the grant period. The grantee must request prior written approval from the commission and provide a written justification explaining the benefit of such goods or services to the program during the grant period.

(E) Program funds are not to be used for:

(1) Liquidation of bad debts;

(2) Contributions to a contingency fund;

(3) Fines, penalties, interest or other financial payments; or

(4) Contributions or donations to civic causes.

R.C. 119.032 review dates: 07/25/2008 and 12/30/2012

Promulgated Under: 119.03

Statutory Authority: 179.02 , 179.03 ORC

Rule Amplifies: 179.02 , 179.03 ORC

Prior Effective Dates: 5/16/90, 9 /20/90, 4/8/91