(1) Extent of the need in the community for the mental retardation services to be provided;

(2) Ages and level of the mentally retarded to be served and the services to be provided;

(3) Socioeconomic and population characteristics of the community served or to be served;

(4) Accessibility to the facility, including availability of public and private transportation and the number of hours per day and days per week the facility is open;

(5) Type, number and qualifications of professional and technical personnel proposed, and plans for their recruitment and compensation, giving consideration to residents of the community where the facility is located;

(6) Existing and proposed arrangements with other public and private agencies concerned with the mentally retarded in the community; and

(7) Extent to which services contemplated by the proposal have been and are being provided by the applicant or its predecessor with financial assistance Federal, State, and local programs other than under this subpart.

(b) In addition each application shall include the following information:

(1) A statement for each of the two most recent 12-month period of operation, and an estimate for each budget period of the project, of costs incurred or to be incurred and income received or to be received by the applicant and predecessor of the applicant with respect to all services included in the program set forth under paragraph (a) of this section;

(2) Identification of all actual or contemplated staff positions, and the compensation for such positions; and

(3) Identification of those costs for which Federal assistance is requested and the amount thereof.

(c) Any applicant which is concurrently applying for a construction grant shall so state and the documentation meeting the requirements of paragraph (b) of this section shall be acceptable in lieu of the similar information required for construction grant under Title I, Part C of the Act (§ 416.22(a) (2)) unless and until the applicant is notified to the contrary.

(d) Such other information as the Administrator may require.

§ 416.94 Assurances.

In addition to any other requirements imposed by law each staffing grant shall be subject to the condition that the applicant will furnish and comply with the following assurances:

(a) That the services to be provided by the applicant will be made available principally to persons residing in the particular community or communities in or near which such facility is to be situated; and that consideration will be given to involvement of residents of the community in management and operation of the facility;

(b) That the facility will furnish a reasonable volume of services to persons unable to pay therefor (if this is not financially feasible submit justification for such conclusion);

(c) That the services of the facility will not be denied to any person within the community served solely on the ground that such person does not meet a minimum period of residence in such community (if unable to give this assurance, submit supporting information);

(d) That in the selection, compensation, or other employment practices of the facility with respect to its technical or professional personnel referred to in this subpart there shall be no discrimination because of race, creed, sex, or national origin;

(e) That the facility will be maintained and operated in accordance with minimum standards prescribed by the appropriate State authority for the maintenance and operation of such facilities;

(f) That it will maintain adequate and separate accounting and fiscal records and accounts for all funds provided from any source to pay the costs of the project, and permit audit of such records and accounts at any reasonable time; and

(g) That it will comply with all the regulations of this subpart.

§ 416.95 Allocations; priorities.

(a) The total amount of grants that may be awarded in any State in any fiscal year may not exceed the share of that State of any funds appropriated for such year which has been calculated as an allotment to that State in accordance with section 132(a) of the Act, except that the Administrator may, in particular circumstances, modify this requirement if he finds that grants in one or more other States will be less than required.

(b) In determining priority for projects the Administrator shall rank applications in order of the relative effectiveness of the proposed programs giving due weight to comprehensiveness and adequacy of the services to be provided and to the evaluation of the application by the State mental retardation construction authority.

§ 416.96 Federal financial participation.

(a) The Administrator may approve an application for Federal participation up to 75 percentum of eligible compensation costs for the period ending with the close of the 15th month of the initial grant, 60 percentum of such costs for the first year thereafter, 45 percentum of such costs for the second year thereafter, and 30 percentum of such costs for the third year thereafter.

(b) For purposes of this subpart, "compensation" may include remuneration for services, including vacation, holiday and severance pay, sick leave, workmen's compensation and employee insurance, social security taxes and retirement plans cost, and such other benefits in return for services performed as the Administrator finds reasonably necessary to secure the services of qualified personnel in the area.

§ 416.97 Payments.

Payment of the Federal share of the costs of the initial staffing project may be

made quarterly, or for such other period as the Administrator may determine, as an advance for estimated costs or as reimbursement to the grantee.

§ 416.98 Records, audits, and reports.

The applicant shall keep such records as the Administrator shall prescribe, and shall make any books, documents, papers, and records of the applicant that are pertinent available for audit and examination by representatives of the Administrator and the Comptroller General of the United States. The applicant shall also submit such reports or other information as the Administrator may require.

Part

500.3 500.4

500.5

500.6 500.7

Fees.

Petitions for additional remuneration
pursuant to section 317(b) of Title
III of the Act.

Order allowing fees in excess of ten
percentum of amount paid on ac-
count of claims under Title III of
the International Claims Settlement
Act of 1949, as amended.
Suspension of attorneys.

Restrictions on former employees. AUTHORITY: The provisions of this Part 500 issued under sec. 2, 62 Stat. 1240, as amended, sec. 3, 64 Stat. 13, as amended; 50 U.S.C. App. 2001, 22 U.S.C. 1622.

SOURCE: The provisions of this Part 500 appear at 28 F.R. 13495, Dec. 13, 1963, unless otherwise noted.

§ 500.1

Appearance and practice.

(a) An individual may appear in his own behalf; a member of a partnership may represent the partnership; a bona fide officer of a corporation, trust or association may represent the corporation, trust or association; an officer or employee of the United States Department of Justice, when designated by the Attorney General of the United States, may represent the United States in a claim proceeding.

(b) A person may be represented by an attorney at law admitted to practice in any State or Territory of the United States, or the District of Columbia. With respect to Philippine war damage claims under the provisions of Public Law 87-616 (76 Stat. 411), a person may also be represented by an attorney at law in good standing with the Philippine Bar Association or the Philippine Supreme Court. However, such attorney may be required to furnish a certificate to this effect.

(c) In cases falling within the purview of Subchapter B of this chapter,

persons designated by veterans' service, and other organizations to appear before the Commission in a representative capacity on behalf of claimants shall be deemed duly authorized to practice before the Commission when the designating organization shall have been issued a letter of accreditation by the Commission. Petitions for accreditation shall be in writing, executed by duly authorized officer or officers, addressed to the Foreign Claims Settlement Commission of the United States, Washington, D.C. Upon receipt of a petition setting forth pertinent facts as to the organization's history, purpose, number of posts or chapters and their locations, approximate number of paid-up membership, statements that the organization will not charge any fee for services rendered by its designees in behalf of claimants and that it will not refuse on the grounds of non-membership to represent any claimant who applies for such representation if he has an apparently valid claim, accompanied by a copy of the organization's constitution, or charter, by-laws, and its latest financial statement, the Commission in its discretion will consider and in appropriate cases issue or deny letters of accreditation.

(d) A person may not be represented before the Commission except as authorized in paragraph (a), (b) or (c) of this section.