Current through Vol. 42, No. 1, September 16, 2024
(a)
Policy. The Area Agency on
Aging (AAA) grants an appeal opportunity to existing or potential grantee or
contractor when an application for Older Americans Act funds is denied or when
a grant or contract is suspended or terminated prior to the approved budget
year-end.
(b)
Authority. The authority for this Section is Part 1321.11 of the
Code of Federal Regulations.
(c)
Procedures. The requirements for implementing this Section are
outlined in this subsection.
(1) Within 30
days of the complainant's receipt of notice of the adverse action, the
complainant submits a written request for hearing to the AAA board of
directors. The written request includes a detailed explanation of the
complainant's grievance.
(2) The
AAA:
(A) schedules a hearing within 20 days
of the AAA receipt of the request for the hearing and notifies the complainant
of the date, time, and location of the hearing; and
(B) prepares written testimony for the
hearing outlining the appealed action and the data on which it is based. Eight
calendar days prior to the hearing a copy of this written testimony is provided
to the complainant and submitted during the hearing as evidence.
(3) board of directors, or a
committee appointed by the board of directors, conducts the hearing within 30
days of the AAA receipt of the complainant's request. The hearing includes:
(A) an opportunity for the complainant to:
(i) review all pertinent evidence relating to
the appealed action;
(ii) present
written and verbal testimony;
(iii)
be represented by counsel;
(iv)
present witnesses and documentary evidence; and
(v) cross-examine witnesses;
(B) a presiding officer appointed
by the board of directors who conducts the hearing and has had no part in the
appealed action; and
(C) a record
of the hearing proceedings, taken by the presiding officer appointed by the
board of directors, and maintained on file for public viewing.
(4) Within 60 days of the
completion of the hearing the AAA board of directors issues a written hearing
decision to the complainant.
(A) The decision
letter includes:
(i) a notice of the
complainant's right to appeal the decision to the Aging Services Division
(ASD); and
(ii) instructions on how
to initiate the appeal.
(B) Within 30 days after the complainant
receives notice of an adverse AAA decision the complainant submits a written
request for a hearing to ASD.
(5) When the appeal process is not resolved
prior to the start of the new project year, the AAA, through its board of
directors, may enter into a temporary grant with a service provider to avoid
cessation of those services affected by the appeal.
(d)
Cross references. Refer to
OAC
340:105-10-101(c)(3)(D)
and OAC
340:2-5-44.
Added at 11 Ok Reg
673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at
21 Ok Reg 898, eff 4-26-04; Amended at 28 Ok Reg 898, eff
6-1-11
