SECTION 340:105-10-19. Revising the boundaries of planning and service areas

(a)   Policy. The State Agency establishes appropriate procedures for providing due process to affected parties when the State Agency initiates action to:

(1)   designate an additional planning and service area(s) (PSA(s) in the state;

(2)   divide the state into different PSAs; or

(3)   otherwise affect the boundaries of the PSAs.

(b)   Authority. The authority for this Section is Section 305(b)(5) of the Older Americans Act of 1965, as amended.

(c)   Procedures.

(1)   The State Agency:

(A)   provides written notice of the proposed action or proceeding affecting PSA boundaries to existing PSAs, and to any other affected parties, including clear documentation of the need for proposed action;

(B)   conducts a public hearing on the proposed action or proceeding;

(C)   invites the participation at the public hearing of affected Area Agencies on Aging (AAAs), Title III service projects, and older persons; and

(D)   requests written comments from the affected AAAs, Title III service projects, and older persons.

(2)   An adversely affected party involved in the action or proceeding may bring an appeal to the Assistant Secretary for Aging of the Administration on Aging (AoA) on the basis of:

(A)   the facts and merits of the matter that are the subject of the action or proceeding; or

(B)   procedural grounds.

(3)   The procedure for appeal includes the:

(A)   State Agency notifies affected parties of the right to appeal in all written notices of the proposed action; and

(B)   affected party may appeal in writing to the Assistant Secretary for Aging of the AoA within 30 days of the State Agency decision. Written requests must state:

(i)   the decision(s) for which an appeal is being made; and

(ii)   legal name(s), address(es), and telephone number(s) of appellant(s).

(d)   Cross references. See OAC 340:105-10-11(a)(5), 340:105-10-18, 340:105-10-20, and 340:105-10-21.

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 15 Ok Reg 249, eff 10-9-97 (emergency); Amended at 15 Ok Reg 1692, eff 5-11-98; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 23 Ok Reg 1062, eff 7-15-06]