SECTION 340:105-10-97. Priority supportive services waiver

(a)   Policy. The State Agency grants a waiver of the priority supportive services funding requirement, per OAC 340:105-10-96, for any category of services being furnished sufficiently to meet the need for such services in the planning and service area (PSA), as demonstrated by the Area Agency on Aging (AAA).

(b)   Authority. The authority for this Section is Section 306(b) of the Older Americans Act of 1965, as amended.

(c)   Procedures.

(1)   The AAA conducts a public hearing regarding its intent to request a waiver on funding a priority supportive services category. Regarding the public hearing, the AAA:

(A)   notifies all interested parties in the area of the nature, date, time, and location of the public hearing;

(B)   furnishes the interested parties an opportunity to testify; and

(C)   prepares a record of the public hearing, including:

(i)   names and addresses of persons in attendance;

(ii)   all testimony;

(iii)   changes made to the AAA's waiver request secondary to testimony; and

(iv)   date, time, location, and duration of hearing.

(2)   The AAA submits its written request for a waiver to the State Agency. The waiver request includes the:

(A)   categories of services for which the waiver is requested;

(B)   name, address, and telephone number of the agency(ies) or organization(s) currently providing the service in the PSA;

(C)   number of persons currently receiving the service in the PSA;

(D)   units of service currently being provided in the PSA; and

(E)   record of the public hearing as outlined in (1) of this subsection.

(3)   The State Agency reviews the waiver request. If the State Agency determines that a waiver should be granted, the State Agency:

(A)   publishes the intention to grant such a waiver, together with the justification for the waiver, at least 30 days prior to the effective date of the decision to grant the waiver; and

(B)   provides an opportunity for a hearing to any affected person or service provider from the PSA.

(4)   The State Agency makes a final determination regarding the waiver request. If the State Agency grants the waiver request, the State Agency provides to the Assistant Secretary for Aging a:

(A)   report regarding such waiver that includes the AAA waiver request document; and

(B)   copy of the record of any hearing conducted by the State Agency at the request of an affected person or service provider.

(d)   Cross reference. See OAC 340:105-10-96.

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