Current through Vol. 42, No. 1, September 16, 2024
(a)
Policy. The State Agency
grants a waiver of the priority supportive services funding requirement, per
OAC
340:105-10-96,
for any category of services being furnished sufficiently to meet the need for
such services in the planning and service area (PSA), as demonstrated by the
Area Agency on Aging (AAA).
(b)
Authority. The authority for this Section is Section 306(b) of the
Older Americans Act of 1965, as amended.
(c)
Procedures.
(1) The AAA conducts a public hearing
regarding its intent to request a waiver on funding a priority supportive
services category. Regarding the public hearing, the AAA:
(A) notifies all interested parties in the
area of the nature, date, time, and location of the public hearing;
(B) furnishes the interested parties an
opportunity to testify; and
(C)
prepares a record of the public hearing, including:
(i) names and addresses of persons in
attendance;
(ii) all
testimony;
(iii) changes made to
the AAA's waiver request secondary to testimony; and
(iv) date, time, location, and duration of
hearing.
(2)
The AAA submits its written request for a waiver to the State Agency. The
waiver request includes the:
(A) categories of
services for which the waiver is requested;
(B) name, address, and telephone number of
the agency(ies) or organization(s) currently providing the service in the
PSA;
(C) number of persons
currently receiving the service in the PSA;
(D) units of service currently being provided
in the PSA; and
(E) record of the
public hearing as outlined in (1) of this subsection.
(3) The State Agency reviews the waiver
request. If the State Agency determines that a waiver should be granted, the
State Agency:
(A) publishes the intention to
grant such a waiver, together with the justification for the waiver, at least
30 days prior to the effective date of the decision to grant the waiver;
and
(B) provides an opportunity for
a hearing to any affected person or service provider from the PSA.
(4) The State Agency makes a final
determination regarding the waiver request. If the State Agency grants the
waiver request, the State Agency provides to the Assistant Secretary for Aging
a:
(A) report regarding such waiver that
includes the AAA waiver request document; and
(B) copy of the record of any hearing
conducted by the State Agency at the request of an affected person or service
provider.
(d)
Cross reference. See OAC
340:105-10-96.
Added at 11 Ok Reg
673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at
19 Ok Reg 1170, eff 5-13-02; Amended at 23 Ok Reg 1062, eff
7-15-06
