W. Va. Code R. § 76-1-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 76-1-5 - Due Process Hearings Procedures for Area Agencies on Aging
5.1. The Bureau of Senior Services shall provide due process to Area Agencies on Aging where the Bureau of Senior Services initiates proceedings to:
5.1.1. Revoke or decline to renew the designation of the area agency or agencies.
5.1.2. Designate an additional planning and service area in the State.
5.1.3. Divide the State into different planning and service areas; or
5.1.4. Disapprove the area plan or plan amendment submitted by the Area Agency on Aging as specified in § 45CFR1321.39(b); or
5.1.5. Suspend, terminate or non-renew the Area Agency on Aging grant/contract; or
5.1.6. Otherwise affect the boundaries of the planning and service areas of the State.
5.2. When the Bureau of Senior Services initiates proceedings as described in Section 5.1, the Bureau of Senior Services shall:
5.2.1. Notify the area agency or agencies that its decision may be appealed to the Assistant Secretary of the Administration on Aging.
5.3. An appeal by an area agency or agencies, as described in Section 5.1, must be made in 30 days after receipt of the decision by the Bureau of Senior Services to the Assistant Secretary of the Administration on Aging.
5.4. Should the Assistant Secretary of the Administration on Aging reverse or modify the decision of the Bureau of Senior Services, the action of the Bureau of Senior Services shall be nullified or modified.

W. Va. Code R. § 76-1-5