§ 26-2-715 — Performance contracts

(1) (a) Each county, either acting singly or
with a group of counties, shall enter into an annual performance contract with the
state department that shall identify the county's or group of counties' duties and
responsibilities in implementing the works program. The performance contract
must include but need not be limited to:

(I) Requirements and provisions that address the county's or group of
counties' duty to administer and implement the works program using fair and
objective criteria;

(II) Provisions that prohibit the county or group of counties from reducing the
basic cash assistance grant administered pursuant to section 26-2-709 and
monitored by the state department pursuant to section 26-2-711 and provisions that
prohibit the county or group of counties from restricting eligibility or the provision
of services or imposing sanctions in a manner inconsistent with the provisions of
this part 7 or the provisions in the state plan submitted to the secretary of the
federal department of health and human services pursuant to section 26-2-712;

(III) Work participation rates for the county or group of counties that shall
ensure that the state will be able to meet or exceed its work participation rates
under the federal law.

(b) A county or group of counties may be sanctioned for not meeting any
obligation under such performance contract. Such sanctions must be identified in
the performance contract and may include a reduction in a future county block
grant allocation.

(2) The performance contract shall set forth the circumstances under which
the state department may elect that it or its agent assume the county's or group of
counties' administration and implementation of the works program.

(3) If the state department and the county or group of counties are unable to
reach agreement on the contract, either party may request the state board to
consider the matter, and the state board shall schedule the matter for hearing
within thirty days after receipt of the request. The state board shall issue a decision
on the matter which shall be considered binding on all parties. If necessary to
assure services are available within the county or group of counties, the state
department may enter into a temporary agreement with the county or group of
counties or with another public or private agent until the matter is resolved by the
state board.

Legislative History

Source: L. 97: Entire part added, p. 1209, � 1, effective June 3. L. 2008: IP(1)(a) and (1)(a)(II) amended, p. 1969, � 17, effective January 1, 2009. L. 2022: IP(1)(a), (1)(a)(I), and (2) amended, (HB 22-1295), ch. 123, p. 857, � 96, effective July 1.