New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 165 - PLANNING AND SERVICE AREAS AND AREA AGENCIES ON AGING
Subchapter 2 - DESIGNATION AND REVOCATION OF PSAs AND AREA AGENCIES ON AGING
Section 10:165-2.3 - Designation of Area Agencies on Aging

Universal Citation: NJ Admin Code 10:165-2.3

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The State Division shall designate one Area Agency on Aging for each PSA.

(b) An Area Agency on Aging shall be one of the following:

1. An established office of aging operating within a PSA;

2. Any office or agency of a unit of general purpose local government or combination of units of general purpose local government, which is designated to function only for the purpose of serving as an Area Agency on Aging by the chief elected executive(s) of the general purpose local government; or

3. Any public or nonprofit private agency in a PSA, or any separate organizational unit of a public or private nonprofit agency within a PSA.

(c) When designating an Area Agency on Aging, the State Division shall:

1. Give a unit of general purpose local government within a PSA the right of first refusal if such unit can meet the requirements of an Area Agency on Aging;

2. Give preference to an established office on aging, if no unit of general purpose of local government within the PSA is able to meet the requirements of an Area Agency on Aging, or if no unit of general purpose of local government agrees to accept the designation of Area Agency on Aging; and

3. Give preference to a public or nonprofit agency within the PSA that is able to meet the requirements of an Area Agency on Aging only if the State Division is unable to designate an Area Agency on Aging pursuant to (c)1 and 2 above.

(d) Parties interested in being designated an Area Agency on Aging shall submit a completed application to the State Division, following a public notice by the State Division of its intent to revoke and/or make a designation of an Area Agency on Aging, or upon petition made by the interested party to the State Division to take an action designating an Area Agency on Aging.

(e) The State Division shall specify the format of the application. Applicants may obtain the required format by contacting the State Division at the address specified at N.J.A.C. 10:165-2.2(c)2.

(f) Applications shall contain specific information regarding the applicant's ability to fulfill the requirements of this chapter for an Area Agency on Aging and sufficient documentation for the State Division to make a determination that the entity would be able to develop and carry out an effective Area Plan.

1. The type of services that shall be provided include, but are not limited to: congregate and home-delivered meals; personal care; home health services; transportation; residential maintenance; telephone reassurance; multi-services senior centers; and, social/medical adult day care centers.

(g) Prior to designating an Area Agency on Aging, a public hearing shall be held in accordance with N.J.A.C. 10:165-1.3.

(h) Prior to taking final action, the State Division shall review all relevant data regarding its intended action and any applications received, including:

1. The testimony from the public hearing;

2. The impact such a change would have on services to older adults in the affected areas;

3. The effect on other counties and Area Agencies on Aging in the State; and,

4. The administration of the State Division's programs throughout the State.

(i) The State Division shall provide written notice directly to each applicant of its decision regarding the designation of an Area Agency on Aging, specifying the reason(s) for any denial of an application.

(j) An applicant may appeal the decision by the State Division to deny its application for designation as an Area Agency on Aging.

1. An agency shall provide notice of its appeal of the State Division's decision in writing, submitted to the State Division at the address set forth at N.J.A.C. 10:165-2.2(c)2, no later than 30 days following the receipt of written notice from the State Division to the agency of its decision.

2. Upon receipt of a notice of an appeal, the State Division shall schedule a hearing to be held pursuant to the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(k) An agency that remains dissatisfied following exhaustion of its State administrative remedies, may elect to appeal the decision to the Assistant Secretary for Aging in writing within 30 days following receipt of the final agency decision.

1. Appeals may be made on the basis of the facts and merits of the matter that is the subject of the action or proceeding, or on procedural grounds.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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