Sec.17b-423-2. Community services policy manual-area agency designation

(a) Designation of Planning and Service Areas

(1) General

The Department is responsible for dividing the State into five planning and service areas (PSAs), in accordance with guidelines issued by the assistant secretary.

The area agency on aging shall provide assurances of compliance with the Older Americans Act as required.

(2) Application for Designation

The Department provides an opportunity to apply for designation as a planning and service area to any unit of general purpose local government, region, metropolitan area, or Indian reservation(s). The application on behalf of an Indian reservation(s) shall be made by the governing tribal organization(s).

(3) Periodic Review

The Department shall periodically examine planning and service areas and make modifications as needed.

(4) Decision

The Department documents the basis for it designation of each planning and service area.

(b) Designation & Functions of Area Agencies on Aging (AAAs)

(1) General Rule

The Department has designated an Area Agency on Aging in each planning and service area in which it allocates funds under Title III, and shall designate successor Area Agencies on Aging as may be necessary.

(2) Intrastate Funding Formula & Procedures

Title III funds shall be distributed to the approved Area Agencies on Aging according to the intrastate funding formula conforming to the requirements of the Older Americans Act which has been approved in the most recently accepted State Plan On Aging.

(3) Area Agency on Aging Functions

The functions of Area Agencies on Aging shall include at a minimum:

(A) Development and administration of an area plan for a coordinated and comprehensive system of services; and

(B) Serving as the advocate and focal point for older persons in the PSA.

(4) Timetable for Designation

(A) The Department has made initial designations of Area Agencies on Aging which shall remain in effect unless a redesignation is required.

(B) If an organization not currently designated as an Area Agency on Aging wishes to be considered for designation as an Area Agency on Aging, it shall submit a request to that effect to the Department at least 12 months prior to the date on which it proposes to assume the functions of an Area Agency on Aging. This provision is required to provide adequate time for preparation of an area plan and development of new interagency relationships, should the designation be granted.

(5) Types of Agencies that May Be an Area Agency on Aging

(A) The Department may designate as an Area Agency on Aging any one of the following types of agencies that has the authority and the capacity to carry out the functions of an Area Agency on Aging:

(i) An established office on aging which operates within the planning and service area;

(ii) Any office or agency of a unit of general purpose local government that is proposed by the chief elected official of the unit;

(iii) Any office of agency proposed by the chief elected officials of a combination of units of general purpose local government; or

(iv) Any other public or private non-profit agency, except any regional or local agency of the State.

(B) In designating an Area Agency on Aging, the Department shall give preference to:

(i) An established office on aging: or

(ii) An Indian tribal organization (or consortia) in any planning and service area whose jurisdiction is essentially the same as that of an Indian reservation.

(C) In designating a new Area Agency on Aging after the date of enactment of the Older Americans Act Amendments of 1984, the Department shall give the right of first refusal to a unit of general purpose local government if

(i) such unit can meet the requirements of Section 17b-423-2(b) (5) (A), and

(ii) the boundaries of such unit and the boundaries of the area are reasonably contiguous.

(6) Removal of Area Agency on Aging Designation

For adequate reason(s), as specified in Section 17b-423-4(b) (6) of this Manual, the Department may remove the designation as Area Agency on Aging from an organization serving in that capacity. In such a case, the Department shall follow the procedures described in Section 17b-423-4(b) (6).

(c) Appeal Hearing Procedures to State Agency

(1) Applicants/Organizations Eligible for Appeal Hearings

(A) The Department shall provide an opportunity for a hearing to:

(i) Disapprove the area plan or plan amendment submitted by the Area Agency on Aging; or

(ii) Withdraw the Area Agency on Aging's designation.

(B) Any eligible applicant for designation as a planning and service area whose application is denied;

(C) Any nutrition or supportive service provider when the Area Agency on Aging has denied funds or terminated the project.

The Department shall hear an appeal only on the issue of the process utilized by the Area Agency on Aging in denying or terminating funding to a service provider. Content issues can not be appealed to the Department.

(2) Written Request for Hearing

(A) If an agency or organization wants a hearing, it shall file a written request for a hearing with the Department within 30 days following its receipt of the notice of the adverse action.

(B) Any service provider who wishes to appeal to the Department pursuant to Section 17b-423-2(c) (1) (C) shall first follow the area appeal procedures required by its Area Agency on Aging before the Department will grant a request for State Agency hearing.

(3) Hearing Components

(A) State hearings are held to provide Area Agencies on Aging and service providers with:

(i) An opportunity to review any pertinent evidence on which the contested action was based;

(ii) An opportunity to appear in person before an impartial decision maker to refute the basis for the decision;

(iii) An opportunity to be represented by counsel or other representative;

(iv) An opportunity to present witnesses and documentary evidence;

(v) An opportunity to cross-examine witnesses; and

(vi) A written decision by an impartial decision maker which sets forth the reasons for the decision and the evidence on which the decision is based.

(B) The Department may terminate formal hearing procedures at any point if the Department and the agency or organization that requested the hearing negotiate a written agreement that resolves the issue(s) which led to the hearing.

(4) Hearings for Service Denial Due to Discrimination

(A) The Department encourages any older persons who believe that they have been unfairly denied services under any older Americans Act assistance program due to discrimination to contact the Department about such complaints. The Department shall conduct a preliminary review of such complaints, and, as appropriate, refer them to the Commission of Human Rights and Opportunities.

(B) Every grantee shall post notices within its program and service locations which indicate procedures available to older persons who want to notify the Department of their complaint. Grantees shall post notices in a conspicuous location within view of all older persons who participate.

(d) Monitoring and Assessment

The Department conducts ongoing monitoring and assessment of Area Agencies on Aging, and of other activities and programs under the State Plan on Aging. The Department may monitor and assess grantees of the Area Agencies on Aging as appropriate.

(Adopted effective February 26, 1992; Transferred and AmendedOctober 7, 1997)