Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Remedies. The purpose of remedies is to ensure prompt action
is taken by an area agency on aging to correct deficiencies arising from
failure to perform as identified by this rule. The department shall determine
the remedies to be applied to the area agency on aging for failure to
perform.
(2)
Number of
remedies. The department may apply one or more remedies for each
deficiency constituting failure to perform or for all deficiencies constituting
failure to perform.
(3)
Notification requirements. The department shall give the area
agency on aging written notice of remedy at least 15 calendar days before the
effective date of the remedy. The written notice of remedy shall include the
following:
a. The nature of the failure to
perform.
b. The remedy
imposed.
c. The effective date of
the remedy.
d. The right to appeal
the determination leading to the remedy.
(4)
Factors to be considered in
selecting remedies.
a. In order to
select the appropriate remedy, the department shall determine the seriousness
of the failure to perform. To determine the seriousness of the failure to
perform, the department shall consider whether the area agency on aging's
failure(s) to perform:
(1) Is
isolated.
(2) Constitutes a
pattern.
(3) Is broad in
scope.
(4) Creates a financial
burden for the department, other area agencies on aging, or the aging
network.
(5) Creates an
administrative burden for the department, other area agencies on aging, or the
aging network.
b. In
selecting an appropriate remedy, the department may also consider the area
agency on aging's prior history of failure to perform in general and
specifically with reference to the cited failure to perform.
(5)
Available
remedies. The department may select one or more of the following
remedies with reference to a cited failure to perform:
a.
Directed in-service
training. The department may require the staff of an area agency on
aging to attend an in-service training program if education is likely to
correct the failure to perform. The area agency on aging is responsible for the
payment for the directed in-service training.
b.
Department monitoring.
The department may require an area agency on aging to receive increased
monitoring by the department. The frequency and duration of the monitoring is
within the discretion of the department.
c.
Directed plan of
correction. The department may develop a plan of correction and
require an area agency on aging to take action within specified time
frames.
d.
Reduction of
funding. The department may reduce the amount of funding
distributed.
e.
Investigative audit. The department may require an area agency on
aging receive an investigative audit. The area agency on aging is responsible
for the payment for this investigative audit.
f.
Other remedies. The
department may also impose other remedies, as appropriate.
g.
Dedesignation. The
department may request dedesignation of an area agency on aging pursuant to
rule 17-4.6 (231).
(6)
Duration of
remedies. Remedies shall continue until:
a. The area agency on aging has achieved
substantial compliance as determined by the department or based upon a revisit
or after an examination of credible written evidence that the department can
verify without an on-site visit; or
b. The area agency on aging is
dedesignated.
(7)
Mandatory plan of correction. Each area agency on aging that
has been cited for a failure to perform shall submit a plan of correction for
approval by the department regardless of which remedies are applied.
(8)
Procedures for plan of
correction. Within 30 calendar days following receipt of the written
notice of remedy pursuant to subrule 5.14(3), the area agency on aging shall
submit a plan of correction to the department.
a.
Contents of plan. The
plan of correction shall contain the following information:
(1) How the area agency on aging will correct
the failure to perform;
(2) How the
area agency on aging will act to protect consumers within the affected
area;
(3) The measures the area
agency on aging will take or the systems it will alter to ensure that the
problem does not reoccur;
(4) How
the area agency on aging plans to monitor its performance to make sure that
solutions are sustained; and
(5)
The date(s) when corrective action will be completed.
b.
Review of plan. The
department shall review the plan of correction within 30 calendar days of
receipt. The department may request additional information or revisions to the
plan, which shall be provided by the area agency on aging as
requested.
(9)
Appeal of a determination of failure to perform.
a. An area agency on aging may request a
hearing on a determination of a failure to perform that leads to a remedy
citation. The affected area agency on aging shall file the request for hearing
in writing to the department within 60 calendar days from receipt of the
written notice of remedy.
b.
Hearings shall be conducted pursuant to 17-Chapter 13, with an administrative
law judge appointed as the presiding officer and with the department as the
final decision maker with subject matter jurisdiction.
c. An area agency on aging may not appeal the
choice of remedy, including the factors considered by the department in
choosing the remedy.
