Section 15-2-004 - WITHDRAWAL OF DESIGNATION004.01REASONS FOR WITHDRAWAL. The Department may revoke an Area Agency on Aging's designation, and may accordingly withhold all or a portion of a grant award, for any of the following reasons. (A) Voluntarily withdrawal;(B) Adverse change in authority or capacity to perform;(C) Malfeasance in, or failure of, administration;(D) Failure to implement an approved plan or budget;(E) Refusal to serve older persons in the planning and service area with a program of services as outlined in an approved plan or budget;(F) Misappropriation of funds;(G) Failure to obtain approval, in advance, for any proposed amendment to an approved plan or budget;(H) Failure to meet the conditions of the subaward from the State Unit on Aging; or (I) Failure to comply with applicable law, including the Act, this Title, or the Older Americans Act of 1965.004.02RECONSIDERATION. If its proposed designation is denied, a proposed Area Agency on Aging may submit a request for reconsideration within 30 days of the date that the State Unit on Aging issued its denial, which shall include sufficient reasons why designation should occur and supporting documentation. If an existing designation is revoked, an Area Agency on Aging may submit a request for reconsideration within 30 days of the date that the State Unit on Aging issued its revocation, which shall include sufficient reasons why designation should not be revoked, supporting documentation, and a proposed plan of corrective action that indicates an understanding and acknowledgment of the reason(s) for the designation revocation, describes the steps to be taken to remedy the reason(s), indicates the expected outcome(s) for each proposed remediation step, and describes the time frame to which the Area Aging on Aging would expect to be held to remedy the reason(s) for the designation revocation, if the State Unit on Aging were to reconsider revocation and accept the proposed corrective action plan. The Area Agency on Aging must not implement a proposed plan prior to the granting of its request for reconsideration and approval of the proposed corrective plan by the State Unit on Aging.
004.03FAILURE OF SECOND CHANCE. If an Area Agency on Aging fails to comply with a corrective action plan that was approved by the State Unit on Aging, the Area Agency on Aging will have its designation revoked by the State Unit on Aging.004.04APPEAL PROCESS. A decision by the Department to deny or revoke designation may be appealed in writing to the director of the State Unit on Aging within 10 days of the date the denial or revocation notice was sent. Appeal and hearing procedures are governed by the Administrative Procedures Act, Neb. Rev. Stat. Sec. 84-917 and 465 NAC 6.15 Neb. Admin. Code, ch. 2, § 004
Amended effective 9/21/2020