Current through Register Vol. XLI, No. 50, December 13, 2024
Section 76-1-3 - Hearings and Appeals - Procedure for Service Providers3.1. The Area Agency on Aging shall provide an opportunity for a hearing to any service provider whose contract/grant is suspended, terminated or non-renewed.3.2. The Bureau of Senior Services shall provide an opportunity for a hearing where a service contract/grant between a service provider and the Bureau of Senior Services has been suspended, terminated, or non-renewed. Any hearing on this issue shall be conducted pursuant to Section 4.1 of this Rule and shall not involve the area agency. Provided that where an Area Agency on Aging holds a service contract/grant with the Bureau of Senior Services any hearing thereon will be conducted pursuant to Section 5.1, et seq. of this Rule.3.3. Continuity of Services. 3.3.1. During the hearing and appeal process, any service provider specified in 3.1 and 3.2 whose contract/grant is suspended, terminated, or non-renewed shall: 3.3.1.a. Continue operating until this hearing and appeal process is final and a decision rendered; provided, however, should the Commissioner of the Bureau of Senior Services determine that termination of the contract should occur immediately, the Commissioner may order that the parties cease performance under the contract immediately.3.3.1.b. During unusual circumstances the Bureau of Senior Services shall determine if alternative contractual arrangements are necessary to assure that services continue. Should the Commissioner, in his or her discretion, determine that alternative contractual arrangements are necessary, the Commissioner shall take any and all appropriate action to ensure the continuation of necessary and appropriate services as required by W. Va. Code §§ 16-5P-1 and 16-5P-6.3.4. Request for Area Agency on Aging hearing. 3.4.1. If an entity wishes to appeal the decision of the Area Agency on Aging, it must file a written request for an informal hearing to the Area Agency on Aging within ten (10) working days after receipt of the adverse action.3.4.2. A written request for a hearing shall contain the following information:3.4.2.a. The name, address and telephone number of the complainant.3.4.2.b. A concise statement of the complaint.3.4.2.c. A statement of all relevant facts and the grounds on which the complaint is based.3.4.2.d. The relief being sought.3.4.3. Within five (5) working days of the request, the Area Agency on Aging shall schedule a hearing date. The hearing before the Area Agency on Aging shall be completed within thirty (30) days following receipt of the request.3.4.4. The Area Agency on Aging shall notify the complainant, in writing, of the date, time and location of the hearing, allowing for at least ten (10) working days' notice.3.4.5. The hearing shall be informal and shall provide for participation by the complainant and the Area Agency on Aging.3.5. The Area Agency on Aging decision.3.5.1. Within five (5) working days following the hearing, the Area Agency on Aging shall issue a written decision notifying the complainant of its decision.3.5.2. The decision shall include: 3.5.2.a. A statement setting forth the reason(s) for and the evidence on which the decision was based.3.5.2.b. Any instructions necessary to facilitate implementation of the decision.3.5.2.c. Instructions on how to appeal the decision.