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 10:165-2.4 - Procedures for revocation of an Area Agency on Aging designation

Universal Citation: NJ Admin Code 10:165-2.4

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

(a) The State Division shall not revoke a designation unless notice and a public hearing has been held in accordance with N.J.A.C. 10:165-1.3.

(b) In addition to providing notice in accordance with (a) above, the State Division shall provide personal written notice to the designated Area Agency on Aging whose designation the State Division intends to revoke at least 60 days prior to the intended action, specifying in the notice the reason(s) for the revocation, which shall not be inconsistent with N.J.A.C. 10:165-2.5.

(c) Upon receipt of the notice of intent to revoke through the 30th day following the date on which the State Division provides written notice on the matter, an agency shall have a right to make an appeal in accordance with N.J.A.C. 10:165-2.3(j) and (k).

1. Appeals to the Assistant Secretary on Aging 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.

(d) When an Area Agency on Aging designation has been revoked and not subsequently set aside, the agency whose designation has been revoked may not reapply for designation as an Area Agency on Aging for a period of five years from the effective date of the revocation.

(e) Upon revocation of an Area Agency on Aging designation, the State Division shall:

1. Designate a new Area Agency on Aging within the PSA in a timely manner; and

2. Establish a plan for the continuity of area agency functions and services in the affected PSA if designation of a new Area Agency on Aging within the PSA cannot be made contemporaneously with the revocation of an Area Agency on Aging with the PSA.

(f) In order to ensure continuity of services in the affected PSAs in accordance with (e)2 above, the State Division may, for a period of up to 180 days after its final decision to revoke a designation of an Area Agency on Aging:

1. Perform the responsibilities of an Area Agency on Aging; or

2. Assign the responsibilities of an Area Agency on Aging to another agency within the PSA.

(g) The 180-day period may be extended upon approval from the Assistant Secretary for Aging, if the State Division:

1. Requests the extension in writing from the Assistant Secretary, specifying the State Division's situation and current status; and

2. Demonstrates to the satisfaction of the Assistant Secretary the need for the extension.

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