Current through Register Vol. 48, No. 38, September 20, 2024
The Department may under certain conditions withdraw
designation as an area agency on aging.
a) The Department shall act to withdraw
designation of an organization or agency as the area agency on aging within a
particular Planning and Service Area when it determines that the currently
designated area agency on aging will not be able to comply with the assurances
originally given by that area agency on aging for the coming area agency on
aging grant year. Circumstances which shall lead to initiation of an action to
withdraw designation as an area agency on aging may include but shall not be
limited to the following:
1) There is on-going
failure of the area agency on aging to meet any of the requirements of a
substantive (i.e., essential to the effective administration of the program)
Federal or State statute, rule or regulation.
2) Disapproval by the Department of the area
plan or any amendments to the area plan;
3) A finding by the Department that the area
agency on aging's administration or provisions of its approved area plan fails
to comply with the requirements of 45 CFR 1321 (1984 and does not include any
later amendments or editions.);
4)
Receipt by the Department of written statements by agencies, organizations, or
units of general purpose local government in the particular Planning and
Service Area including the area agency on aging itself requesting withdrawal of
designation as the area agency on aging and providing justification therefore.
The Department reserves the right to reject any requests received pursuant to
this paragraph which are accompanied by justifications deemed inadequate or
spurious;
b) In order to
make a determination regarding withdrawal of designation as an area agency on
aging which will be efficient, appropriate, and equitable, the Department shall
take action which shall include, but not be limited to, consideration of the
following:
1) the impact of withdrawal of
designation on the provision of services within the affected Planning and
Service Area;
2) the comments of
the Advisory Council of the currently designated area agency on
aging;
3) all information and
findings obtained pursuant to subsection (a) above;
4) all other pertinent information in the
possession of the Department.
c) Prior to making a preliminary decision
regarding withdrawal of designation, the Department shall conduct an informal
conference with the area agency on aging to review the issues and facts which
have served as the basis for consideration of withdrawal of area agency on
aging designation. The results of the conference shall be in writing and
transmitted to the area agency on aging. The notification of results of the
conference shall set forth the facts ascertained and shall outline the
subsequent actions to be taken by the Department.
d) Pursuant to subsections (a), (b), and (c)
above:
1) The Director shall, at least 240
days prior to the effective date of withdrawal of designation, issue a written
notice of intent to withdraw designation from the area agency on aging. The
notice shall:
A) be transmitted to the
currently-designated area agency on aging in the affected Planning and Service
Area;
B) be transmitted to the
chief elected official of units of general purpose local government in the
Planning and Service Area. The Chief elected officials shall be requested to
present their views to the Director in writing within thirty (30) days of being
notified. In the absence of a response from the chief elected officials in the
Planning and Service Area, the Director shall proceed with the process of
withdrawal of designation;
C) be
published in newspapers of general circulation in the affected Planning and
Service Area and in the official newspaper of the State of Illinois;
D) state the reason for the issuance of
intent to withdraw designation;
E)
announce that a public hearing will be held in the affected Planning and
Service Area so as to afford the public an opportunity to give testimony
regarding the intent to withdraw designation;
F) contain the time, place, and a brief
description of the conduct of the hearing, as well as the name, telephone
number, and address of the person to be contacted regarding the offering of
testimony;
G) contain any other
information which the Director deems necessary.
2) The Department shall hold public
hearing(s) within forty-five (45) days of the notice of intent to withdraw
designation from the area agency on aging in as many locations as are needed to
assure convenient access within the affected Planning and Service Area but such
hearing(s) shall not be conducted sooner than fifteen (15) days after
publication of the notice of intent to withdraw designation.
A) The presiding officer at the public
hearing(s) shall be the Director or other person designated by the
Director.
B) The Department will
produce verbatim transcription of all testimony, a copy of which shall be
available for public inspection at the main office of the Department.
3) The Director shall within
fifteen (15) days of the date of the last public hearing held issue a
preliminary decision regarding withdrawal of designation. This preliminary
decision shall state the reasons for the decision and shall be communicated in
writing to:
A) the currently-designated area
agency on aging;
B) the chief
elected officials of units of general purpose local government in the affected
Planning and Service Area.
4) In the event that the decision of the
Director is to withdraw designation of the area agency on aging, the Director
shall inform the area agency on aging of the right to request a hearing before
the Department, conducted pursuant to Section
230.440
et. seq., in regards to the decision.
A) The
request for a hearing shall be in writing and shall be received by the
Department within thirty (30) days of the area agency on aging's receipt of the
Director's preliminary decision to withdraw designation.
B) If the currently-designated area agency on
aging fails to request a hearing, the preliminary decision shall become
final.
5) No later than
100 days prior to the effective date of withdrawal of designation, the Director
shall publish a notice of a final decision regarding withdrawal of designation
as an area agency on aging. The final decision to withdraw designation shall be
based upon:
A) consideration of all
information obtained pursuant to subsections (a), (b) and (c) above;
B) all testimony received at the public
hearings held pursuant to subsection (d)(2) above; and
C) all testimony received at the hearing held
pursuant to subsection (d)(4) above, if any.
e) In order to guarantee the uninterrupted
provision of services whenever circumstances in a designated Planning and
Service Area render the designated area agency on aging immediately incapable
of developing an area plan and to carry out, directly or through contractual
arrangements a program in accordance with the area plan within the entire
Planning and Service Area, the Department shall take all appropriate action,
including but not limited to acting immediately to withdraw designation of an
organization or agency as the area agency on aging on an interim emergency
basis. Such withdrawal of designation shall remain in effect as long as
necessary, but in no case longer than 180 days.
f) Within the 180 day period, specified in
subsection (e) above, the Department shall make a final decision regarding
withdrawal of designation as area agency on aging within the affected Planning
and Service Area. In so doing the Department will follow procedures specified
in subsection (d) above, except that it will not be required to act within the
time limits specified.
