1. Four members of the Committee constitute a quorum for purposes of any action by
the Committee. For purposes of the term limit under Section 27-05.2-09(2), service
for more than one-half of a regular term is considered service for a full term.
2. A majority vote of members in attendance at a meeting is necessary for final
Committee action.
B. Applications for Grants.
1. The board of commissioners of a county may submit an application requesting grant
funds for court facility improvement or maintenance, or both.
2. An application must be submitted by June 1 to be eligible for review by July 1 or
December 31 to be eligible for review by January 31 under Section C5.
3. The application must be submitted on the form supplied by the Committee.
4. The application must fully describe the court facility improvement or maintenance
project for which grant funds are requested.
5. The application must indicate the estimated cost, including material, labor, and
associated expenses, and the estimated completion date of the project.
6. The application must indicate the county will provide local funding for the project
in an amount equal to at least 25% of the total cost of the project. In-kind
contributions will not be considered for purposes of satisfying the 25% contribution
by the county. The amount of local funding must be included in the application.
7. If grant funds are awarded, the project must be commenced, absent good cause,
within 120 days of notification of the award. The board of commissioners of the
affected county must provide regular reports to the Committee regarding progress
toward completion of the project. The board must inform the Committee of the date
on which the project is completed.
C.Application Review.
1. The Committee Chair shall ensure meetings are scheduled in such a manner as to
ensure an application is reviewed and a grant decision reached in a timely and
expeditious manner.
2. The Committee may request that an oral presentation in support of an application be
made by representatives of the requesting board of commissioners. Any expenses
associated with the presentation must be paid by the affected county.
3. When considering an application, Committee members shall initially determine, by
majority vote:
(a) whether the project for which grant funds are requested is a project
dedicated to facilities improvement (to include essential remodeling)
or maintenance, or both; and
(b) whether the affected facilities are used for chambers, courts, or court-related services. For purposes of this requirement, "court-related
services" means services provided by statute or supreme court rule
that directly serve the judicial system and the effective and efficient
provision of judicial services to the public.
4. If an application qualifies under paragraph 3 for further review, the Committee shall
next determine, by majority vote, whether the project:
(a) is a necessary improvement to the affected court facility; or
(b) is essential to remodel or maintain the facility.
5. The Committee shall assemble all available qualifying applications by July 1 and
January 31 of each year and determine on a comparative basis, and in light of
available funds, the order in which funds should be granted.
6. The Committee may, as circumstances warrant, require that a requesting county
provide local funding in an amount greater than 25% of the total cost of the project.
The Committee may determine the manner in which grant funds will be disbursed,
including disbursement of a portion of the grant upon commencement of the project
and disbursement of the remaining grant amount in increments until the project is
completed, disbursement of the entire grant amount upon completion of the project,
or disbursement of the entire grant amount upon commencement of the project.
7. The Committee shall promptly notify the affected board of commissioners in writing
of the Committee's decision regarding an application. If a grant is awarded, the
notification must inform the board that the project must be commenced, absent good
cause, within 120 days of the notification.
D. Allocation of Funds - Limitation.
The Committee shall ensure that at all times an amount equal to twenty-five percent of
available funds is available for applications submitted by counties with a population fewer
than seven thousand five hundred based on the most recent federal census. > Approved by the Supreme Court 07/07/04; amended effective 04/12/06
Note: N.D.C.C. §27-05.2-09(3) requires that the rules of operation be submitted to "the
supreme court for approval."