La. Admin. Code tit. 4 § VII-1265

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-1265 - General Hearing Provisions

A. Purpose. The Governor's Office of Elderly Affairs (GOEA) shall provide the opportunity for a hearing, on request, to area agencies on aging submitting plans under Title III of the Older Americans Act, to any provider of a service under such a plan, or to any applicant to provide a service under such a plan; and to any unit of general purpose local government, region within the state recognized for area wide planning, metropolitan area, or Indian reservation that applies for designation as a planning and service area when GOEA initiates certain types of action or proceedings. This Section specifies the timing and procedures for the hearings.

B. Definitions

Act -the Older Americans Act (42 United States Code Section 3001 et seq.).

Administration on Aging -an agency of the U.S. Department of Health and Human Services, Office of Human Development Services. It is the Federal focal point and advocate for older persons and their concerns.

Area Agency on Aging -the agency designated by the Governor's Office of Elderly Affairs in a planning and service area to develop and administer the area plan for a comprehensive and coordinated system of services for older persons.

Area Plan -the document submitted by an area agency to the Governor's Office of Elderly Affairs in order to receive contracts from the Governor's Office of Elderly Affairs.

Assistant Secretary for Aging -the head of the Administration on Aging.

Contract -an award of financial assistance by the Governor's Office of Elderly Affairs to an eligible recipient.

Director -the director of the Governor's Office of Elderly Affairs.

Governor's Office of Elderly Affairs -the single state agency designated to develop and administer the state plan and be the focal point on aging in the state of Louisiana.

Hearing Examiner -an impartial person designated to preside at the hearing and render a proposed final decision.

Interested Person -any person who has a justifiable and clearly identifiable interest in the decision being appealed.

Party -any petitioner or the area agency or the Governor's Office of Elderly Affairs which proposed or decided the action being appealed.

Person -an individual, partnership, corporation, association, governmental agency or subdivision, or public or private organization of any character.

Petitioner -any person who has a right to a hearing under these rules and has filed a written request for a hearing.

Planning and Service Area -a geographic area of the state that is designated by the state agency for the purpose of planning, development, delivery, and overall administration of services under an area plan.

Service Provider -an entity that is awarded a subcontract from an area agency to provide services under the area plan.

State Agency -the single state agency designated to develop and administer the state plan and to be the focal point on aging in the state.

C. General Procedures for Hearing

1. Decisions Unresolved on Effective Date of These Rules. These rules shall be applicable to all cases involving actions in which the petitioner has filed a request for hearing within 30 days of the receipt of the notice of such action, and a hearing has not yet been held or informal disposition or arrangements made as specified in §1265. C 4

2. Computation of Time. In computing any record of time prescribed by these rules, or by any applicable statute, the period shall begin on the day after the event or act cited in the rule or statute and conclude on the last day of the computed period, unless the last day be a Saturday, Sunday, or a legal holiday, in which case the period concludes on the next day which is neither a Saturday, Sunday, nor a legal holiday.

3. Representation of Petitioner. Any party may be assisted by an attorney at law authorized to practice law before the Supreme Court of the State of Louisiana. Any party may appear personally or be represented by an employee or officer, or other person authorized by the party to represent the party.

4. Informal Disposition. Informal disposition or arrangements may be made of any matters under these rules by written agreement between petitioner and the area agency or the Governor's Office of Elderly Affairs proposing or deciding the action that resolves the issue(s) that led to the hearing.

D. Incorporation of Administrative Procedure Act. There is hereby incorporated as a part of these rules, to the extent same be applicable and pertinent, the provisions of R.S. 49:951 et seq., the Administrative Procedure Act, as amended.

La. Admin. Code tit. 4, § VII-1265

Promulgated by the Office of the Governor, Office of Elderly Affairs, LR 11:618 (June 1985), amended LR 11:1078 (November 1985), LR 25:2207 (November 1999).

AUTHORITY NOTE: Promulgated in accordance with OAA Section 305(b)(1), Section 307(a)(5) and 45 CFR 1321.43(e).