RULES AND REGULATIONS
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 138i]
Farm Safety and Occupational Health Tuition Assistance Program
[31 Pa.B. 1729] The Department of Agriculture (Department) adopts Chapter 138i (relating to Farm Safety and Occupational Health Tuition Assistance Program) authorized and required under the Farm Safety and Occupational Health Act (act) (3 P. S. §§ 1901--1915).
Authority
The Department has the power and authority to adopt these regulations. This authority includes:
(1) The general authority to adopt rules and regulations conferred by section 5 of the act (3 P. S. § 1905), which delineates the duties of the Secretary of Agriculture (Secretary) and directs the Secretary to ''. . . adopt and promulgate any regulations which may be necessary to implement and administer the act.''
(2) The specific authority conferred by section 6(a) of the act (3 P. S. § 1906(a)) which authorizes the Secretary to establish a grant program to provide tuition assistance to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production to attend farm safety and occupational health training and emergency response programs.
(3) The specific duty and authority as set forth in section 6(d) of the act, which requires the Secretary to adopt and promulgate regulations to govern the awarding of grants under section 6 of the act.
Need for the Regulations
The regulations delineate the objectives of the Farm Safety and Occupational Health Tuition Assistance Program (FSTAP) and establish the procedures governing the submission, processing and review of grant applications. In addition, the regulations set forth the documentation required to accompany the applications, eligibility criteria, criteria and verification, cancellation, notification and reporting requirements. The regulations assure fair and impartial review of FSTAP grant applications. These regulations establish a program which will make funds available to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production who attend farm safety and occupational health training and emergency response programs intended to facilitate avoidance and elimination of farming hazards. The Commonwealth's approximately 51,000 farms are the foundation of a $35 billion industry, employing over 650,000 workers in farming and related services, food processing and food wholesale and retail sales. The National Safety Council reports Agriculture as this Nation's most hazardous industry with a work death rate 22% higher than the second most hazardous industry, mining and quarrying. Farming accounts for over 80% of Agriculture's injury toll. From 1990 through 1995 at least 249 Commonwealth citizens have lost their life to hazards associated with farming. The victims included 17 infants, toddlers and preschoolers-- all under 5 years of age. Another 29 victims were at least 75 years of age. The oldest was 89 years old. In 1994, a Statewide survey showed one in every ten farm operations in this Commonwealth had at least one recordable work-related injury. Even more startling was that approximately 5% of those injuries resulted in some type of permanent disability to the victim. The numbers evidence the need for farm safety and occupational health programs. In 1994 alone, there were a total of 5,100 injuries and 250 permanent disability injuries related to farming. Therefore, the regulations should ultimately benefit both the farming community and the general public.
In summary, the Department is satisfied there is a need for the regulations, and that they are otherwise consistent with Executive Order 1996-1, ''Regulatory Review and Promulgation.''
Comments
Notice of proposed rulemaking was published at 30 Pa.B. 771 (February 12, 2000) and provided for a 30-day public comment period.
Comments were received from the Independent Regulatory Review Commission (IRRC) and the Pennsylvania Emergency Health Services Council.
Comment: IRRC commented that the phrase ''the Secretary or a designee'' had been used in various portions of the text of the regulations (§§ 138i.2., 138i.7., 138i.8 and 138i.10) and suggested the term ''designee'' should be defined.
Response: The Department made three changes to the final-form regulations with regard to this comment. First, the Department defined ''designee'' in § 138i.2 (relating to definitions). Second, the Department, in § 138i.2 redefined the term ''Secretary'' by adding ''. . . or a designee'' to the definition. Under those changes, the third change was to delete the phrase ''or a designee'' from all references to the Secretary, throughout the text of the regulations. The result of the three changes is that the regulations are easier to read and more concise and all references to the Secretary are now interpreted to mean the Secretary or whomever he appoints or assigns to carry out his duties under the regulations.
Comment: IRRC commented that the term ''Board'' in § 138i.2 and the term ''Advisory Board'' in the act both refer to the ''Farm Safety and Occupational Health Advisory Board.'' They suggested that for consistency with the statute, the Department should replace the term ''Board'' with the term ''Advisory Board.''
Response: The Department agrees the terms in the regulations should be consistent with the terms in the act. The Department has changed the term ''Board'' to ''Advisory Board'' in § 138i.2. In addition, in the final-form regulations all references to ''Board'' have been changed to ''Advisory Board.''
Comment: IRRC commented that the definition of ''farm laborer'' was not consistent with other proposed chapters of the Department's regulations. Specifically, IRRC advised that with regard to the FSTAP the last sentence in the definition of ''farm labor'' read, in part: ''. . . or a farm product as defined in 1 Pa.C.S. § 1991,'' but that in the Department's other two proposed Farm Safety and Occupational Health regulations the definition of ''Farm labor'' read: ''. . . or any farm product as defined in 1 Pa.C.S. § 1991. IRRC suggested that for consistency the Department's regulations should use either ''a'' or ''any'' but not both, in this definition.
Response: The Department has no objection to this comment. The Department will use ''a'' and has made this change in all three of the Farm Safety and Occupational Health final-form regulations.
Comment: IRRC commented that the definition of ''members of farm families,'' in § 138i.2 was confusing and that there was a conflict between plural and singular nouns in the definition. The definition included a phrase ''. . . collateral relation of the first degree . . .'' IRRC found this confusing and suggested the Department replace the phrase with ''nieces, nephews and grandchildren'' and any others the Department would want included in the definition. In addition, IRRC commented that there was a conflict between plural and singular nouns in the term ''members of farm families'' and the first phrase of the definition which read: ''Any son, daughter or spouse of a farmer. . . .''
Response: The Department believes the phrase ''collateral relation of the first degree'' is specific and should remain in the definition. However, in response to IRRC's concern for clarity, the Department has added: ''. . . (such as nieces, nephews and grandchildren). . .'' to the definition. We believe this should address the clarity issue while at the same time keeping the definition specific and narrow. With regard to IRRC's concern regarding a conflict between plural and singular nouns in the definition of ''Members of farm families,'' the Department changed the phrase ''Members of farm families'' to ''Members of farm family'' and retained the singular form of the words ''. . . son, daughter or spouse of a farmer. . .'' in the definition. The Department believes this change is less confusing than amending the words in the definition to read ''. . . sons, daughters and spouses of a farmer . . .''
Comment: IRRC commented that for clarity the contents of what was § 138i.8(c) (relating to notice of disposition of application) under the proposed regulations, should be moved to what was § 138i.6 (relating to processing of applications) under the proposed regulations. IRRC commented that alternatively the Department could create a new section captioned ''Application requirements'' following what was § 138i.6 under the proposed regulations.
Response: The Department agrees with this recommendation and has implemented the suggestion by moving what was § 138i.8(c) (relating to grant application requirements) under the proposed regulations, to what is now § 138i.5(b) in the final-form regulations. It should be noted that § 138i.5 in the final-form regulations still relates to applications and is the same as § 138i.6 under the proposed regulations. The section number was changed as a result of another suggestion by IRRC which required the Department to delete § 138i.1 (relating to authority) in the proposed regulations.
Comment: IRRC commented that § 138i.6(a) and (b) requires the applicants to compete and submit application forms provided by the Department, but the regulations do not list the basic information that will be required on the application form. IRRC suggested the Department should include basic information on the contents of the application form in this section.
Response: The Department knows of no requirement that an agency include a sample of an application form in the regulations. In addition, the Department will formulate and provide the application form to the applicant. The application form will notify the applicant of the information required. The Department also believes that the basic information needed on an application form is outlined in § 138i.5(b) of the final-form regulations and that further information as to content is supplied throughout the regulations such as § 138i.3 (relating to limitation on grants) and § 138i.6(d) regarding factors to be considered by the Department when reviewing a grant. Section 138i.6(b)(3) of the final-form regulations also sets forth a procedure for notifying applicants when a grant application is incomplete and provides additional time for the applicant to supply any missing information. Therefore, the Department believes the final-form regulations are sufficiently specific and the applicant has sufficient notice with regard to the content of the application.
Comment: IRRC commented that what was § 138i.6(d) under the proposed regulations, was unclear as to its intent and should provide a specific cutoff time with regard to the acceptance of applications. IRRC suggested the Department should clarify the deadline in final-form regulations.
Response: The intent of the language of § 138i.6(d) was to allow the Department sufficient time to review and approve or disapprove an application for a tuition assistance grant and at the same time not impose a stringent deadline that would preclude potential grant recipients from receiving a tuition assistance grant. The Department was attempting to be as flexible as possible with this deadline because in many instances potential recipients of farm safety tuition assistance grants will have short notice with regard to the farm safety course for which they want to apply. In response to IRRC's concerns, the Department revised the language of this section (now § 138i.5(e)) to set the deadline at 30 days prior to the date of the project the applicant wishes to attend. In addition, in an attempt to remain flexible the Department added language allowing the Secretary to, ''. . . approve an application submitted after this deadline if it is determined there is adequate time for a thorough review of the application and to issue a written approval to the applicant.''
Comment: IRRC commented that subsection (a) (regarding review by the Secretary) of § 138i.7 (relating to review of applications) of the proposed regulations included three different topics and was long and potentially confusing. IRRC suggested the subsection should be broken down into outline form. In addition, IRRC commented that the section duplicates portions of §§ 138i.8. and 138i.10. IRRC asked the Department to clarify the purpose of § 138i.7(a) of the proposed regulations.
Response: The Department agrees that § 138i.7(a) would be easier to read and understand if it was broken down into outline form. Therefore, the Department has broken the subsection down in the final-form regulations. Because of other changes suggested by IRRC (deleting § 138i.1. relating to authority), § 138i.7, is now § 138i.6. in the final-form regulations. The Department has broken this section down into three subsections. Subsection (a) relating to ''approval or denial,'' subsection (b) relating to ''processing'' of an application and subsection (c) relating to ''Advisory Board'' duties. In addition, subsection (b) has been subdivided into three paragraphs. Paragraph (1) states the Secretary will first review an application for completeness and accuracy; paragraph (2) relates to how the Secretary will process a complete and accurate application; and paragraph (3) relates to how the Secretary will process incomplete or inaccurate applications. The Department believes this will add clarity to the regulations as suggested by IRRC. With regard to IRRC's concern about duplicity, the Department believes that § 138i.7 of the proposed regulations (§ 138i.6 of the final-form regulations) is not duplicative. Section 138i.7 of the proposed regulations, dealt with the processing of a grant application and are intended to notify the applicant of who will review the grant applications, the time period of the review and the process for incomplete or inaccurate applications. Section 138i.8 of the proposed regulations (§ 138i.7 of the final-form regulations) related to review of applications deals with applicant eligibility standards and with the factors to be considered by the Secretary when reviewing and ranking a Program grant application. Finally, § 138i.10 of the proposed regulations (§ 138i.8 of the final-form regulations) relating to notice of disposition of a grant application, is intended to inform the applicant of how and in what time period the applicant will be notified of approval or denial of the grant application. It should be noted that § 138i.10 of the proposed regulations has been moved so that it now follows the sections relating to processing and review of applications. Therefore, the regulations gain a logical flow by notifying the applicant of: (1) how applications will be processed; (2) how an application will be reviewed and ranked; and (3) how and when an applicant will be notified.
Comment: IRRC commented concerning subsection (b) (regarding the Advisory Board function) of § 138i.7. of the proposed regulations. IRRC interpreted the language of the subsection to mean that the Advisory Board would have an active role in reviewing each individual grant application. Under that interpretation and the fact the Department plans to review and approve grant applications within 30 days, IRRC was concerned that it would not be feasible to include the Advisory Board in the review of each application. IRRC suggested the Department clarify the language of this section or move this subsection to § 1383i.4(b) of the proposed regulations.
Response: The Department did not intend the language of this subsection to include the Advisory Board in the review of each individual grant application. This interpretation of the language of this subsection is in direct conflict with the powers of the Advisory Board enumerated in section 3(g) of the act (3 P. S. § 1903(g)). The Department has changed the language of this section of the final-form regulations to remove all doubt as to the function of the Advisory Board. The revised language makes it clear that the Advisory Board does not and will not review individual grants. The Advisory Board will only carry out those functions set forth in the act, such as recommending overall farm safety and occupational health program priorities and recommending priorities for expenditure of funds for development and implementation of farm safety and occupational health programs. The Department does not agree with moving this language to the section related to limitations on grant funds. While the Advisory Board's recommendations on funding may affect the number of grants that can be given out under any of the various farm safety and occupational health programs and the overall factors considered when reviewing a grant application, the Advisory Boards' function does not directly affect or limit each individual grant application. Therefore, the Department has elected to keep this language in the section related to processing of applications.
Comment: IRRC commented with regard to § 138i.12 (relating to right of recovery) of the proposed regulations, that the term ''used'' in the phrase ''. . . grant may be canceled by the Secretary upon a determination that the funds are not being or were not properly used'' was not defined and it was unclear as to what the term meant.
Response: The Department added language to this section that narrows the scope of what the term ''used'' could mean. The language of this section now refers to violations of any provision of the act, the regulations or the grant agreement and implementation of the project set forth in the grant application.
Comment: IRRC commented that § 138i.1 entitled ''Authority'' was unnecessary and should be deleted.
Response: The Department agrees with this comment and has deleted § 138i.1 from the final-form regulations.
Comment: The Pennsylvania Emergency Health Services Council (PEHSC) commented with regard to the Department's interpretation of § 138i.4(e) of the proposed regulations. The PEHSC questioned whether the Department interpreted ''. . . emergency medical care-related programs specifically designed for farm-related emergencies'' as eligible for Program grants.
Response: Emergency medical care-related programs specifically designed for farm-related emergencies do qualify for tuition assistance. Program grants may be awarded to supplement tuition to the types of projects delineated in section 4(b) of the act. Section 4(b)(9) of the act specifically refers to training of emergency service providers in methods and procedures for responding to farm emergencies, including farm rescue and machinery extraction. In addition section 6(a) of the act, regarding tuition assistance states that tuition assistance may be provided to eligible applicants to ''. . . attend farm safety and occupational health training and emergency response programs. Section 2 of the act (3 P. S. § 1902), regarding the definition of ''emergency service provider'' supports this interpretation.
Fiscal Impact
Commonwealth The final-form regulations will impose minimal costs and have minimal fiscal impact upon the Commonwealth, including projected increases in program costs. The Department has an appropriation for use in developing the various Farm Safety and Occupational Health Grant Programs allowed under section 6 of the act. The Secretary, with the advice of the Advisory Board, will determine the amount of funds to allocate to each grant program promulgated under section 6 of the act.
Political Subdivisions The final-form regulations will impose no direct costs and have no fiscal impact upon political subdivisions.
Private Sector The final-form regulations will impose minimal costs on those organizations or individuals who are interested in applying for FSTAP grants. The costs that may be associated with the regulation would involve the time spent to obtain and fill out a grant application. Organizations and individuals receiving grants would benefit by receiving funds to cover tuition costs associated with attending some farm safety and occupational health programs. The private sector may also benefit through the realization of reduced health care and occupational costs resulting from increased attendance at the educational and preventative programs espoused by the act and these regulations.
General Public The final-form regulations will impose no direct costs and have no fiscal impact upon the general public. The farm community and the general public should benefit through the reduction of health care and occupational costs which are likely to result from increased attendance at educational and preventative programs such as those espoused by the act and these regulations.
Paperwork Requirements
The final-form regulations will not result in an appreciable increase of paperwork. The Department will have to develop a grant application form to administer the FSTAP. However, the administrative provisions of the FSTAP are very similar to the administrative provisions of Chapter 138g (relating to Farm Safety and Occupational Health Grant Program--statement of policy) (FSOH) and the Department has already developed a grant application form and grant agreement for use in administering the FSOH program and has administered that program, under a statement of policy, since 1996.
Contact Person
Further information is available by contacting the Department of Agriculture, Farm Safety and Occupation Health Grant Program, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: John Tacelosky (717) 772-5217.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 31, 2000, the Department submitted a copy of the notice of proposed rulemaking published at 30 Pa.B. 771 (February 12, 2000) to IRRC and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation. In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on February 13, 2001. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 15, 2001, and approved the final-form regulations.
Findings
The Department finds that:
(1) Public notice of its intention to adopt the regulations encompassed by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and their attendant regulations in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments received were considered.
(3) The modifications that were made to these regulations in response to comments received do not enlarge the purpose of the proposed regulations published at 30 Pa.B. 771.
(4) The adoption of the regulations in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Department, acting under authority of the authorizing statute, orders that:
(a) The regulations of the Department, 7 Pa. Code, are amended by adding §§ 138i.1--138i.13 to read as set forth in Annex A.
(b) The Secretary shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
SAMUEL E. HAYES, Jr.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 1291 (March 3, 2001).)
Fiscal Note: Fiscal Note 2-123 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 7. AGRICULTURE
PART V-C. FARMLAND AND FOREST LAND
CHAPTER 138i. FARM SAFETY AND OCCUPATIONAL HEALTH TUITION ASSISTANCE PROGRAM Sec.
138i.1. Program objectives. 138i.2. Definitions. 138i.3. Limitation on grants. 138i.4. General conditions. 138i.5. Applications. 138i.6. Processing of applications. 138i.7. Review of applications. 138i.8. Notice of disposition of application. 138i.9. Conflict of interest. 138i.10. Recordkeeping. 138i.11. Grant cancellation. 138i.12. Right of recovery. 138i.13. Deficits. § 138i.1. Program objectives.
(a) Purpose. The purpose of the Program is to provide tuition assistance to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production, to allow them to attend farm safety and occupational health projects and emergency response programs.
(b) Competitive program. The Program is competitive. Grant applications and related documents will be collected by the Department and reviewed by the Secretary. Grants will be awarded annually.
(c) Funds available basis. Grants will not be awarded unless funds are available.
§ 138i.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Farm Safety and Occupational Health Act (3 P. S. §§ 1901--1915).
Advisory Board--The Farm Safety and Occupational Health Advisory Board.
Agricultural Production--The production for commercial purposes of crops, livestock and livestock products. The term includes the processing or retail marketing of these crops, livestock or livestock products if more than 50% of the processed or merchandised products are produced by the farmer.
Department--The Department of Agriculture of the Commonwealth.
Designee--A person chosen or appointed by the Secretary to carry out the Secretary's duties under this chapter.
Farm--Land in this Commonwealth which is being used for agricultural production, including all farm structures, buildings, facilities and farm family residences situated on the land.
Farmer--A person who is engaged in agricultural production for commercial purposes.
Farm laborer--An individual employed by a farmer in raising, cultivating, fertilizing, seeding, planting, pruning, harvesting, gathering, washing, sorting, weighing or handling, drying, packing, packaging, grading, storing or delivering to market in its unmanufactured state, an agricultural commodity as defined in 3 Pa.C.S. Chapter 45 (relating to agricultural commodities marketing) or a farm product as defined in 1 Pa.C.S. § 1991 (relating to definitions).
Members of farm family--Any son, daughter or spouse of a farmer or any lineal relation of the farmer who works on the farm or any collateral relation of the first degree (such as nieces, nephews or grandchildren) who works on the farm.
Person--An individual, partnership, corporation, association or other form of business enterprise.
Program--The Farm Safety and Occupational Health Tuition Assistance Program.
Project--A course, training, program, activity or event pertaining to farm safety and occupational health or emergency response programs.
Rural emergency services providers--An employe, agent member or officer of a paid or volunteer fire company, ambulance service or rescue squad located in or servicing a rural area of this Commonwealth which is regularly engaged in providing emergency medical care and transportation, fire protection services or rescue services.
Secretary--The Secretary of Agriculture of the Commonwealth or a designee.
Volunteer ambulance services--A nonprofit chartered corporation, association or organization located in this Commonwealth and which is regularly engaged in the services of providing emergency medical care and transportation of patients.
Volunteer fire company--A nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection services and other voluntary emergency services within this Commonwealth.
Volunteer rescue squad--A nonprofit chartered corporation, association or organization located in this Commonwealth which provides rescue services within this Commonwealth.
§ 138i.3. Limitation on grants.
(a) Tuition assistance. The Program will award grants to provide tuition assistance to approved applicants under this chapter. The Program will provide grants of up to $100 per calendar year to an approved applicant.
(b) Grant awards. An eligible applicant may apply for more than one Program grant per year. However, an eligible applicant may not be awarded more than $100 in tuition assistance grants in any calendar year.
(c) Recipient's use of Program grant funds. A recipient of a Program grant may only use the funds to cover or supplement the cost of tuition for the specific project delineated in the recipient's grant application.
(d) Substitution of person. Once an applicant has been approved to receive tuition reimbursement for a specific project, no other person or project may be substituted. Any change in person or project shall require submission and review of a new application.
(e) Eligible courses, programs, training, activities or events. Program grants may be awarded to cover or supplement tuition for the types of projects delineated in section 4(b) of the act (3 P. S. § 1904(b)).
(f) Additional limitations.
(1) Program grant funds may only be used to provide tuition assistance for farm safety and occupational health projects or emergency response programs administered within the geographic boundaries of this Commonwealth.
(2) Program grant funds may not be used to cover the cost of travel, lodging or any other expenses incurred by the grant recipient other than the cost of tuition.
(3) Program grant funds may not be used for or applied to any training, programs, activities, certification or licensing requirement or events pertaining to the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.60) or Chapters 128 and 128a (relating to pesticides; and chemsweep pesticide disposal program--statement of policy).
(4) Program grant funds shall be awarded to reimburse the tuition expenses of an approved applicant who submits the documentation required by this chapter.
§ 138i.4. General conditions.
(a) Grant agreement. The approved, signed application for a Program grant shall constitute the grant agreement. The recipient of a Program grant shall sign the application which shall set forth the amount of the grant and other terms and conditions as the Department may reasonably require. Upon completion of all the terms of the agreement, a reimbursement check will be issued in the name of the recipient and mailed to the address indicated on the recipient's approved and signed application.
(b) Default. Any recipient of a Program grant who fails to abide by the terms of the grant agreement or the act or this chapter shall be in default. The Secretary may waive a default after consultation with the Advisory Board in the event of a physical disability suffered by the recipient or as a result of other extenuating circumstances.
(c) Verification. To receive a Program reimbursement payment, a recipient shall, within 2 weeks of the completion of the specific project delineated in the recipient's grant application, submit to the Department a final report which includes a written receipt evidencing the cost of tuition and records or any other pertinent documentation evidencing the grant recipient's attendance and the program agenda. In addition, the final report shall include a narrative report of at least one page but not more than two pages, describing the effectiveness of the project and the experience gained and personal knowledge acquired.
(d) Failure to verify. If a fully completed final report containing the required receipts, records and documenta-tion is not submitted within the 2-week period, the Program grant recipient shall be deemed to have defaulted. The Secretary may direct that no Program grant funds be paid to the defaulting recipient. The Secretary will notify the grant recipient in writing of a default due to the grant recipient's failure to supply a completed final report. The recipient will have 10 days, from the receipt of the written notice to remedy the default. The Secretary may extend the verification deadline if the Secretary determines the grant recipient has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
§ 138i.5. Applications.
(a) Application required. An interested rural emergency service provider, farmer, member of a farm family, farm laborer or anyone else involved in agricultural production within this Commonwealth, may submit a grant application to the Department.
(b) Grant application requirements. An application for a program grant will not be considered by the Secretary unless the following items are attached:
(1) A detailed description of the farm safety project to be attended by the applicant, including documentation delineating the focus of the project.
(2) A reasonable and accurate statement of the estimated or actual cost of tuition.
(3) Information regarding the skills, knowledge or experience to be gained from the project.
(4) Documentation regarding the name and location of the person administering the project.
(c) Obtaining an application and assistance. An application for a grant under this chapter shall be made on a form prepared by the Department. For applications and for assistance, contact the Farm Safety and Occupational Health Grant Program, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110.
(d) Additional information. The Secretary may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the application.
(e) Application deadline. Applications for grants under this chapter shall be received by the Department 30 days prior to the date of the project the applicant wishes to attend. The Secretary may approve an application submitted after this deadline if it is determined there is adequate time for a thorough review of the application and to issue written approval to the applicant.
§ 138i.6. Processing of applications.
(a) Approval or denial. The Secretary will approve, approve with special conditions or reject grant applications and issue grants in accordance with the general considerations and criteria of the act and this chapter. The Secretary may exercise his judgment in approving grant applications and in determining the distribution of grants so that the widest possible audience becomes acquainted with farm safety and occupational health practices and techniques espoused by the act and this chapter. The Secretary may impose restrictions or special conditions upon the issuance of a grant.
(b) Processing. An application for a program grant shall be processed in the following manner:
(1) Completeness and accuracy. Upon receipt of an application for a program grant and the required support-ing documentation, the Secretary will review this information for completeness and accuracy.
(2) Complete and accurate applications. Applications containing all the required information and supporting documentation will be reviewed in accordance with the criteria in the act and this chapter and accepted, accepted with special conditions or rejected. Grant applicants will be notified in writing as set forth in § 138i.8(a) (relating to notice of disposition of application).
(3) Incomplete or inaccurate applications. If the Secretary determines an application is incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request shall be in writing as set forth in § 138i.8(b) and will be sent to the address listed on the grant application. The processing of the application will cease until the applicant supplies the requested data. The Secretary will terminate the processing of an incomplete application when the additional data requested is not supplied within 10 days of the request for the data.
(c) Advisory Board. The Advisory Board, as required under section 3(g)(2) and 4(c) of the act (3 P. S. §§ 1903(g)(2) and 1904(c)), shall recommend overall program priorities for each grant program to the Secretary. Additionally, the Advisory Board, as required by section 3(g)(3) of the act (3 P. S. § 1903(g)(3)), shall recommend the amount of funds to be allocated to each grant program. The Advisory Board has no authority to and will not review individual grant applications and will have no input into individual grant awards.
§ 138i.7. Review of applications.
(a) Evaluation. The Secretary will evaluate an application based on the applicant eligibility and grant application requirements, as well as the factors in the act and this chapter.
(b) Applicant eligibility. To be eligible for a Program grant, the applicant shall be a rural emergency service provider, farmer, member of a farm family or farm laborer or be otherwise involved in agricultural production. An emergency service provider shall submit an application for each individual member for which it wishes to receive a Program grant. Each member for which it receives a Program grant shall comply with the criteria established by the act and this chapter, including the verification criteria.
(c) Grant application completeness. An application for a Program grant will not be considered by the Secretary unless it contains the required information and items as set forth in § 138i.5(b) (relating to applications).
(d) Factors. Factors to be considered by the Secretary in selecting grant recipients include the following:
(1) The relevance of the project to farm safety or rural health issues.
(2) The innovativeness of the project.
(3) The effect the project will have on hazard elimination.
(4) The scope of the project and how it relates to program components delineated in section 4(b) of the act (3 P. S. § 1904(b)).
(5) The number and type of people or groups who will be affected by the project as described in the application.
(6) The impact upon and the value and benefits to the agricultural community of the project described in the application.
(7) The continual and progressive nature of the project and the benefits and knowledge gained therefrom.
(8) The value to those who work directly with farm accident victims.
(9) Whether the applicant has been the recipient of a Program grant within the same year.
(10) The availability of funding to the applicant from a source other than the Program.
(11) The priorities as the Secretary, in consultation with the Advisory Board, set in accordance with section 4(c) of the act.
§ 138i.8. Notice of disposition of application.
(a) Applications deemed complete. The Secretary will notify grant applicants within 30 days of receipt of their completed grant application of a decision to approve, approve with special conditions or reject the grant application. This notice will be sent by regular mail to the address indicated by the applicant on the grant application.
(b) Applications deemed incomplete. Within 30 days of receipt of a grant application, the Secretary will notify the applicant of a decision to reject the grant application or notify the applicant of a deficiency in the grant application and request additional data. If additional data is requested, notification shall be in writing and detail the additional data needed. The Secretary will follow the action prescribed in § 138i.6(b)(3) (relating to processing of applications).
§ 138i.9. Conflict of interest.
A member of the Advisory Board may apply for a grant if all decisions regarding the grant application are subject to 65 Pa.C.S. § 1103(j)) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. §§ 776.1--776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees).
§ 138i.10. Recordkeeping.
A Program grant recipient shall maintain all receipts, supporting documents, final reports and other documents pertaining to the project and the Program grant. These records shall be retained for 1 year beginning at the conclusion of the project. The records shall be made available to the Department upon request.
§ 138i.11. Grant cancellation.
A Program grant may be canceled by the Secretary upon a determination that the grant recipient has violated any provision of the act, this chapter or the grant agreement, the grant funds or any portion thereof were not used to implement the project set forth in the grantee's approved grant application, or upon failure of the recipient to satisfy the verification requirements of this chapter. Upon cancellation the Secretary may seek recovery of the grant funds or any portion thereof as delineated in § 138i.12 (relating to right of recovery).
§ 138i.12. Right of recovery.
The Department has the right to make a claim for and receive from the grant recipient grant funds not expended in accordance with the act, the grant agreement or this chapter and may demand the return of the grant funds or any portion thereof.
§ 138i.13. Deficits.
The Department's financial obligation is limited to the amount of the grant.
[Pa.B. Doc. No. 01-545. Filed for public inspection March 30, 2001, 9:00 a.m.]
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