Ala. Admin. Code r. 70-X-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 70-X-2-.01 - Designation Of Area Agencies On Aging

(1) An Area Agency on Aging will be designated in each planning and service area as defined by Section 305 of the Older Americans Act.

(2) Actual designation occurs upon acceptance of the Area Agency's Area Plan and formal execution of the associated contract.

(3) The designated area agency is responsible for administration of Older Americans Act programs in its planning and service area with guidance from the U.S. Administration on Aging and the Department.

(4) The Department shall withdraw an area agency's designation in accordance with Section 305(b)(5)(c) of the Older Americans Act as amended, whenever, after reasonable notice and opportunity for a hearing, it is determined that:

(a) An area agency does not meet the requirements of 45 CFR 1321 and Section 305 and Section 306 of the Older Americans Act as amended; or

(b) An area plan or area plan amendments is not approved by the Department; or

(c) There is substantial failure in provisions or administration of an approved area plan to comply with provisions of the Older Americans Act of 1965, as amended, the applicable federal regulations, state statute, or administrative rule.

(5) If the affected area agency does not concur with the decision of the Commissioner regarding the designation or de-designation of an area agency, the appeal may be considered by and brought before the Administration on Aging for a ruling.

Ala. Admin. Code r. 70-X-2-.01

Filed May 20, 1992. Repealed and New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975, §§ 38-3-8 to 38-3-9, Older Americans Act of 1965 as amended ( Public Law 109-365 ), 45 C.F.R. §1321.