SECTION 340:105-10-21. Withdrawal of Area Agency on Aging designation

(a)   Policy. The State Agency may withdraw the area agency on aging (AAA) designation when it, after reasonable notice and opportunity for a hearing, finds that:

(1)   the AAA does not meet the requirements of this Part;

(2)   the area plan or plan amendment is not approved;

(3)   there is substantial failure in the provisions or administration of the approved area plan to comply with any provision of the Older Americans Act (OAA), applicable regulations, or policies and procedures established and published by the State Agency in the Oklahoma Administrative Code; or

(4)   activities of the AAA are inconsistent with the statutory mission prescribed in the OAA that it function only as an AAA.

(b)   Authority. The authority for this Section is Part 1321.35 of Title 45 of the Code of Federal Regulations.

(c)   Procedures.

(1)   Prior to withdrawing the AAA designation, the State Agency:

(A)   notifies the AAA in writing of cause for withdrawal of designation;

(B)   conducts a public hearing on proposed withdrawal of AAA designation;

(C)   invites participation in the public hearing of the affected AAA, Title III or Title VII service projects, and older persons;

(D)   requests written comments from the affected AAA, Title III or Title VII service projects, and older persons in the planning and service area;

(E)   notifies the AAA in writing of the decision to withdraw AAA designation; and

(F)   provides to any affected party an opportunity for an appeal of the decision to the Assistant Secretary for Aging of the Administration on Aging, following the procedures in this subparagraph. The State Agency:

(i)   notifies the AAA and all other affected parties of the right to appeal in all written notices of the proposed action;

(ii)   accepts and processes all requests for appeal that are submitted in writing to the State Agency within 30 days of the conduct of the public hearing on the proposed action. The written request must outline the:

(I)   decision for which the appeal is being made;

(II)   legal name, address, and telephone number of the appellant(s); and

(III)   documented information regarding how the AAA withdrawal will affect the appellant(s); and

(iii)   forwards the appeal request and all supporting documentation to the Assistant Secretary for Aging within 14 days of receipt.

(2)   After completing withdrawal of AAA designation procedures, the State Agency:

(A)   provides a plan for the continuity of AAA functions and services in the affected planning and service area;

(B)   timely designates a new AAA; and

(C)   for a period of up to 180 days after final notice of withdrawal of AAA designation, may, if necessary to ensure continuity of the services in a planning and service area:

(i)   perform the responsibilities of the AAA; or

(ii)   assign the responsibilities of the AAA to another AAA in the planning and service area.

(3)   The Assistant Secretary for Aging may extend the 180-day period when the State Agency:

(A)   notifies the Assistant Secretary for Aging in writing of its action;

(B)   requests an extension; and

(C)   demonstrates to the satisfaction of the Assistant Secretary for Aging a need for the extension.

(d)   Cross references. See OAC 340:105-10-20 and 340:105-10-30.

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 23 Ok Reg 1062, eff 7-15-06]