Ala. Admin. Code r. 70-X-2-.04

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

Section 70-X-2-.04 - Service Providers Under An Area Plan

(1) Any public or private non-profit agency or organization is eligible to receive a subgrant or contract for services funded under the Older Americans Act. A regional or local agency of the State, however, is not eligible to perform as a service provider. An area agency shall not provide direct services unless the Department grants a waiver under Section 307(a)(8)(A) of the Older Americans Act and XX-X-2-.05. Any proposed contract between an area agency and a profit making organization to provide services under an Area Plan must receive approval from the Department prior to contract execution.

(2) Any eligible agency or organization desiring to apply for a contract under the Area Plan may request an application from the area agency after a request for proposal(s) has been issued. The area agency shall respond within ten working days and enclose an application. The application will contain complete instructions, forms and specific documentation requirements to be completed by an applicant. The area agency shall utilize competitive bidding procedures in procurement contracts in accordance with State and Federal regulations.

(a) Applicants may apply for funding based on procedures established at the area agency.

(b) An applicant seeking Older Americans Act funding for the purpose of acquisition, alteration, or renovation of existing facilities, including mobile units, and construction of facilities to serve as multipurpose senior centers, shall make requests to the area agency. The area agency will render technical assistance concerning procedures and required documentation.

(3) Applicants may seek technical assistance regarding the application process from the area agency at any time.

(a) To be considered responsive, a formal application for funding must be, at a minimum:

(i) Signed by the senior officer of the applicant agency's governing body or designee.

(ii) Provide an acceptable commitment for required non-federal financial participation (matching requirement).

(iii) Contain assurances of compliance with applicable Federal Regulations.

(4) A non-responsive application shall be rejected by the area agency; or, at the discretion of the area agency, an applicant may be permitted to withdraw the application and resubmit it after correction of deficiencies.

(5) In the event an applicant is dissatisfied with the action taken by the area agency, the applicant may request a hearing of the area agency.

(6) If the application is accepted for funding, the service provider will be further instructed by the area agency regarding establishment of project operation and start of service.

(7) Contracts or grants/subgrants between the Department, and the area agency, lead agency or core service providers shall follow Department contracting and financial management procedures.

(8) Service providers funded under the Area Plan shall adopt procedures for handling complaints from persons who assert that service has been denied, terminated or reduced improperly under any programs funded by the Older Americans Act. The complaint procedure must permit at least an opportunity to present orally or in writing the reasons why the service should not be changed and that the provider will furnish to the complainant a written explanation of the nature and reasons for the provider's action. Complaints which remain unresolved by a service provider shall be referred to the area agency by written report from the service provider no later than 30 days following the complainant's notice, with detailed information regarding efforts to resolve the complaint.

Ala. Admin. Code r. 70-X-2-.04

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 and 38-3-9 Older Americans Act of 1965 as amended ( Public Law 109-365 ), 45 C.F.R. §1321.