Ala. Admin. Code r. 70-X-2-.02

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

Section 70-X-2-.02 - Area Agency On Aging Area Plans

(1) Area Agencies on Aging shall develop a comprehensive and coordinated service delivery system for older individuals and to serve as the advocate and focal point for older persons in the Planning and Service Area. Area agencies shall give special emphasis to Older American Act target groups when addressing service needs.

(2) Area agencies shall prepare and submit area plans for approval by the Department.

(3) The area plan must accurately describe required activities, essential information and include attachments and exhibits as required by the Department's format. The format for the Area Plan will be provided to area agencies by the Department according to Departmental policies.

(4) Prior to submission of the area plan to the Department, the area agency shall provide, at a minimum, one public hearing to provide interested parties the opportunity for review and comment on the area plan. Such hearing or hearings shall be held after reasonable notice and opportunity for comment.

(5) Also required as integral to the Area Plan, is an annual update to the operating element which details annual fiscal information. The format and submission dates of the Annual Update may be revised by the Department for flexibility in annual planning.

(6) Changes to the Area Plan are to be made based on the following:

(a) The plan shall be amended at any time under the circumstances prescribed in Federal regulations.

(b) Amendments to the area plan will be effected by new or revised information submitted by the area agency and having said amendment approved by Department.

(c) Amendments to an approved Area Plan must be approved in writing by the Department, prior to implementation.

(d) Minor revisions and non-substantive changes to the plan as determined by the Department may be made at any time by the area agency in order to keep the plan current. Examples of a minor revision are changes in telephone numbers and addresses, personnel, and administrative details not affecting the quantity or quality of services to persons assisted by the programs administered. The area agency shall notify the Department of minor revisions at least quarterly.

(e) Whenever a change is contemplated by the area agency in any cost category or individual salary as budgeted in the Area Plan for area agency administration:

(i) Prior written approval from the Department is required if the contemplated change would result in a change in the original approved amount greater than ten percent.

(ii) Notification of such change shall be included in the next monthly financial report to the Department, if the change would not result in a change in the original amount greater than ten percent.

(iii) Revised Area Plan pages shall be forwarded to the Department in accordance with time frames established by the Department.

(7) Subject to the availability of Federal and State funds and budget authority, the Department will subgrant with the area agency based on the submitted Area Plan for the Federal and State amounts indicated in the approved State Plan on Aging. Instructions for submitting payment requests and expenditure reports will follow Department policy.

(8) In the event an area agency, after written notice of deficiency, fails to comply in a timely manner with the terms of the area plan, contract or grant/subgrant agreement with the Department, the Department shall withhold distribution of a part of the total of contract or grant/subgrant funds designated for the area agency in proportion to the amount of services not furnished by the area agency as a result of the area agency delay. The Department shall promptly release any funds withheld, after corrective action has been taken or upon acceptance of a corrective action plan submitted by the area agency. If the area agency desires to appeal the decision to withhold funds, it may seek review in accordance with the Administrative Procedures Act and these Department Regulations.

(9) Withdrawal of an area agency designation will be done in conformity with Federal Regulations governing the Older Americans Act program and in accordance with the Administrative Procedures Act.

Ala. Admin. Code r. 70-X-2-.02

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