Current through September 24, 2024
(1) The Commission
has designated as planning and service areas the areas covered by the
boundaries as specified in the "Development District Act of 1965"
(T.C.A.13-14-101). Otherwise noted, these multi-county areas will be referred
to as the PSA's.
(2) The State
Agency provides an opportunity to apply to be designated as a planning and
service area to any unit of general purpose local government, region, or
metropolitan area, which has a population of 100,000, or Indian reservation(s).
The application on behalf of an Indian reservation(s) must be made by the
governing tribal organization(s).
(3) In accepting an application for
designation as a planning and service area, the State Agency considers:
(a) The distribution in the state of persons
age 60 and older including those with the greatest economic need;
(b) The views of public officials of the
units of general purpose local governments:
(c) The incidence of need for services
provided under Title III and the resources available to meet these needs;
and,
(d) The boundaries of units of
general purpose local government, regional planning areas, Indian reservations,
existing development districts and areas within the state established for
planning and administering human services. The State Agency attempts to include
all portions of a development district or an Indian reservation within a single
planning and service area.
(4) The State Agency documents the basis for
its designation of each planning and service area.
(5) The State Agency provides an opportunity
for a hearing following the procedures specified in Section 0030-1-8-.02 of
these rules to any eligible applicant which applies for designation as a
planning and service area.
(6) Any
applicant for designation as a planning and service area under the above
provisions whose application is denied by the State Agency may appeal the
denial under the procedures specified below:
(a) The appellant must first appeal to the
State Agency following the procedures specified in Section
0030-1-8-.02.
(b) If the hearing
decision by the State Agency is unfavorable to the appellant, the appellant may
appeal to the Commissioner within 30 calendar days of the decision.
(c) This appeal process, when exhausted, does
not preclude seeking appropriate legal relief or appeal.
(7) When the Commissioner receives an appeal,
the Commissioner requests the State Agency to submit:
(a) A copy of the appellant's application for
designation as a planning and service area;
(b) A copy of the written decision of the
State Agency; and,
(c) Any other
relevant information the Commissioner may require.
(8) The procedures for the appeal consist of:
(a) Prior written notice to the appellant and
the State Agency of the time and location of the hearing;
(b) The required attendance of the executive
director of the State Agency or his designated representatives;
(c) An opportunity for the appellant to be
represented by counsel or other representative; and,
(d) An opportunity for the appellant to be
heard in person and to present documentary evidence.
(9) Decision by the Commissioner
(a) The Commissioner will issue a written
decision;
(b) The Commissioner may:
1. Deny the appeal and uphold the decision of
the State Agency;
2. Uphold the
appeal and require the State Agency to designate the appellant as a planning
and service area; and,
3. Take
other appropriate action, including negotiating between the parties or
remanding the appeal to the State Agency after initial findings.
(c) The Commissioner will uphold
the decision of the State Agency if the State Agency has followed the
procedures specified in Section 0030-1-8-.02 and this section, and its decision
was not manifestly inconsistent with the purpose of the Older Americans
Act.
(d) This appeal process, when
exhausted, does not preclude seeking appropriate legal relief or
appeal.
Authority: T.C.A. § 14-6-105.
