Current through Vol. 42, No. 1, September 16, 2024
(a)
Policy. The State Agency
establishes appropriate procedures for providing due process to affected
parties when the State Agency initiates action to:
(1) designate an additional planning and
service area(s) (PSA(s) in the state;
(2) divide the state into different PSAs;
or
(3) otherwise affect the
boundaries of the PSAs.
(b)
Authority. The authority for
this Section is Section 305(b)(5) of the Older Americans Act of 1965, as
amended.
(c)
Procedures.
(1) The State
Agency:
(A) provides written notice of the
proposed action or proceeding affecting PSA boundaries to existing PSAs, and to
any other affected parties, including clear documentation of the need for
proposed action;
(B) conducts a
public hearing on the proposed action or proceeding;
(C) invites the participation at the public
hearing of affected Area Agencies on Aging (AAAs), Title III service projects,
and older persons; and
(D) requests
written comments from the affected AAAs, Title III service projects, and older
persons.
(2) An
adversely affected party involved in the action or proceeding may bring an
appeal to the Assistant Secretary for Aging of the Administration on Aging
(AoA) on the basis of:
(A) the facts and
merits of the matter that are the subject of the action or proceeding;
or
(B) procedural
grounds.
(3) The
procedure for appeal includes the:
(A) State
Agency notifies affected parties of the right to appeal in all written notices
of the proposed action; and
(B)
affected party may appeal in writing to the Assistant Secretary for Aging of
the AoA within 30 days of the State Agency decision. Written requests must
state:
(i) the decision(s) for which an appeal
is being made; and
(ii) legal
name(s), address(es), and telephone number(s) of appellant(s).
(d)
Cross references. See OAC
340:105-10-11(a)(5),
340:105-10-18,
340:105-10-20,
and
340:105-10-21.
Added at 11 Ok Reg
673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at
15 Ok Reg 249, eff 10-9-97 (emergency); Amended at 15 Ok Reg 1692, eff 5-11-98;
Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 23 Ok Reg 1062, eff
7-15-06
