SUBCHAPTER 05F ‑PLANNING AND SERVICE AREA AND AREA
AGENCY DESIGNATION
SECTION .0100 ‑ DIVISION OF AGING DESIGNATION AUTHORITY
10A NCAC 05F .0101 PLANNING AND SERVICE AREA AND AREA AGENCIES ON AGING
The Division of Aging shall divide the state into distinct
planning and service areas and designate an area agency on aging within each
planning and service area.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0102 WITHDRAWAL OF
AREA ON AGING DESIGNATION
Area agency designation may be withdrawn whenever, after
reasonable notice and opportunity for a hearing, it is determined that:
(1) An area agency fails to perform mandated functions;
or
(2) An area plan or plan amendment is not approved; or
(3) There is substantial failure in the provisions or
administration of an approved area plan to comply with any provision of the
Older Americans Act, federal regulations, or state rules outlined by the Division;
or
(4) Activities of the area agency are inconsistent with
the statutory mission prescribed in the Act or conflict with the requirement in
the Act that it function only as an area agency on aging.
History Note: Authority G.S. 143B-181.1(c); 45 C.F.R.
Part 132;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0200 ‑ PLANNING AND SERVICE AREA AND AREA
AGENCY ON AGING REQUIREMENTS
10A NCAC 05F .0201 PLANNING AND SERVICE AREA REQUIREMENTS
(a) A PSA designated after March
1, 1993 shall have a general population of at least 100,000.
(b) PSAs shall contain more than one county and shall be
inclusive of all municipalities within the proposed PSA boundary.
(c) PSA designation shall be effective on July 1.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0202 AREA AGENCY ON AGING REQUIREMENTS
(a) A public or private nonprofit agency or organization
shall be designated as an area agency on aging by the Division of Aging to
serve each planning and service area in the state.
(b) Area agencies on aging shall provide planning and
administrative activities and a regional ombudsman program as specified through
the Older Americans Act, North Carolina Statutes, and Division of Aging state
rules.
(c) Area agency on aging designation shall be effective
July 1.
History Note: Authority G.S. 143B-181.1(c); 143B,
Article 3, Part 14D; 45 C.F.R. Part 1321; 42 U.S.C. 3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0300 ‑ APPLICATION FOR PLANNING SERVICE AREA
DESIGNATION AND PRE-HEARING REVIEW
10A NCAC 05F .0301 APPLICATION DUE DATE FOR PLANNING AND
SERVICE AREA DESIGNATION
The application for planning and service area designation
shall be received by the Division of Aging no later than August 1 for
designation to become effective on July 1 of the following year.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10a NCAC 05f .0302 APPLICATION CONTENT FOR PLANNING AND
SERVICE AREA DESIGNATION
The application shall provide the following:
(1) Listing of proposed PSA counties and a signed
resolution from the Chairman of the Board of Commissioners in each county endorsing
the proposed PSA, supporting the proposed area agency on aging arrangement and
certifying the availability of local match for AAA federal/state funding.
(2) Identification of the unit of local government,
regional planning authority, or Indian reservations responsible for developing
the application and individual responsible for coordinating application with
the Division.
(3) Narrative discussion which states the necessity of
the designation and describes benefits to identified counties.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0303 PRE-HEARING REVIEW ON PLANNING AND
SERVICE AREA DESIGNATION
(a) The Division shall provide a copy of the designation
application, relevant demographic and funding data and other pertinent
information to area agencies whose PSA boundaries would be affected within 10
working days of receipt of the application. Area agencies shall have the
opportunity to comment on the application prior to public hearings on PSA
designation.
(b) Prior to conducting public hearings on PSA designation
the Division shall provide aging interests in each county of PSAs affected by
the application with a copy of the application, other information, and data
deemed appropriate by the Division. Local aging interests shall have the
opportunity to provide written comments to the Division prior to public
hearings. Local aging interests shall include the following:
(1) boards of county commissioners;
(2) county managers;
(3) area agency advisory councils;
(4) funded and non-funded aging service
providers;
(5) long term care providers and advocacy
groups;
(6) senior centers;
(7) local Alzheimer's support organizations and
other advocates for older persons and caregivers;
(8) Lead Regional Organization directors;
(9) Joint Regional Forum.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0400 ‑ DIVISION OF AGING PUBLIC HEARINGS ON
PLANNING AND SERVICE AREA DESIGNATION
10A NCAC 05F .0401 SCHEDULING OF PUBLIC HEARINGS ON
PLANNING/SERVICE AREA DESIGNATION
Prior to designating PSAs, public hearings shall be held for
affected parties. The Division shall schedule hearings in locations which are
convenient to each county in affected PSAs so as to encourage full
participation by county and regional aging interests. Within no less than 15
days prior to the scheduled hearing, the aging interests, as specified in Rule
.0303 of this Subchapter, shall be notified in writing with regards to the
date, time and location of the public hearing.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order Number 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0402 PREHEARING REVIEW COMMENTS
The Division shall provide a written summary of comments
received through the pre-hearing review at the public hearing.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0403 NOTIFICATION
OF DECISION ON PLANNING AND SERVICE AREA DESIGNATION
Comments received through the pre-hearing review and public
hearings shall be considered in reaching a PSA designation decision. Upon
consultation with the Department of Health and Human Services, the Division
will issue a decision and notify affected area agencies and aging interests
specified in Rule .0303 of this Subchapter in writing. The Division will
provide the Administration on Aging with written notification of designation
decisions.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0404 PLANNING/SERVICE
AREA DESIGNATION INITIATED BY THE DIVISION OF AGING
If PSA designation is initiated by the Division, the
Division shall provide for pre-hearing reviews and public hearings by
distributing a plan for proposed PSA designation and other pertinent
information and data to affected area agencies and local aging interests
specified in Rule .0303 of this Subchapter and scheduling public hearings as
specified in Rule .0401 of this Subchapter. PSA designation will be initiated
by the Division if:
(1) With input from the Department of Health and Human
Services and others, the Division determines that reconfiguration of PSAs is
necessary for the State and area agencies to effectively carry out
responsibilities mandated through the Older Americans Act.
(2) A county or counties in a PSA affected by
withdrawal of AAA designation propose to join another PSA, as discussed in Rule
.0706 of this Subchapter.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001; Ex. Order 25, February 21, 1986;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0500 ‑ APPLICATION FOR AREA AGENCY ON
AGING DESIGNATION AND PRE-HEARING REVIEW
10a NCAC 05f .0501 AREA AGENCY ON AGING DESIGNATION
CRITERIA
(a) Area agency on aging designation shall occur after the
Division has issued a decision on PSA designation, as specified in Rule .0403
of this Subchapter.
(b) The unit of general purpose local government, regional
planning authority or Indian reservation responsible for development of the PSA
designation application shall be responsible for completing the application for
area agency on aging structure and submitting it to the Division.
(c) If PSA designation is initiated by the Division of
Aging, the Division shall receive input from the chairman of the board of
commissioners in each county of the PSA prior to designating an area agency on
aging.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0502 APPLICATION CONTENT FOR AREA AGENCY ON
AGING DESIGNATION
The Division of Aging will provide a format which addresses
the following:
(1) Name of proposed area agency organization, if
possible.
(2) Description of area agency methodology, including
staffing responsibilities, to meet federal and state requirements which include
the following:
(a) Working with elected officials to establish
one or more focal points on aging in each county.
(b) Establishing an area agency advisory council
for the purpose of carrying out advisory functions which further the area
agency's mission of developing and coordinating a community-based services
system for all older adults in the PSA.
(c) Developing an area plan following procedures
specified by the Division of Aging and conducting a public hearing(s) on the
plan prior to submission to the Division.
(d) Serving as a public advocate for the
development or enhancement of community based service systems through the
coordination of plans and activities with public and private agencies and
organizations and providing leadership in assisting counties in the targeting
of resources to meet the needs of older adults with the greatest economic or
social needs, with particular attention to low income minorities.
(e) Monitoring community service providers as
specified in the Home and Community Care Block Grant County agreement
assessment format.
(f) Providing Home and Community Care Block
Grant management information system and services reimbursement functions as
specified in the Home and Community Care Block Grant Manual for Community
Service Providers.
(g) Administering a regional ombudsman program,
as required in G.S. 143B, Part 14D. The proposal shall describe how functions
specified in G.S. 143B-181.19 will be carried out.
(3) Organization chart indicating that the area agency
shall function only to administer programs for older persons.
(4) Proposed line item or total project budget for the
area agency which includes identification of funding sources to support the
budget.
History Note: Authority G.S. 143B-181.1(c); 45 C.F.R.
Part 1321; 42 U.S.C. 3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0503 PRE-HEARING REVIEW ON AREA AGENCY ON
AGING DESIGNATION
Within no less than 15 days prior to conducting public
hearing on AAA designation, the Division shall provide area agencies on aging
and local aging interests who are affected by the PSA designation decision with
a copy of the proposed area agency structure format. These area agencies and
local aging interests shall have the opportunity to comment on the proposed
structure prior to public hearings. Local aging interests are identified in
Rule .0303 of this Subchapter.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0600 ‑ DIVISION OF AGING PUBLIC HEARINGS ON AREA
AGENCY ON AGING DESIGNATION
10A NCAC 05F .0601 SCHEDULING OF PUBLIC HEARINGS ON AREA
AGENCY ON AGING DESIGNATION
Prior to designating AAAs, the Division shall conduct public
hearings. The Division shall schedule hearings which are convenient to each
county in affected PSAs. Within no less than 15 days prior to the scheduled
hearing, the aging interests, as specified in Rule .0303 of this Subchapter,
shall be notified in writing with regards to the date, time and location of the
public hearing.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0602 PREHEARING REVIEW COMMENTS
The Division shall provide a written summary of comments
received through the pre-hearing review at the public hearings.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0603 NOTIFICATION OF DECISION ON AREA
AGENCY ON AGING DESIGNATION
Comments received through the pre-hearing review and public
hearings shall be considered in reaching an AAA designation decision. Upon
consultation with the Department of Health and Human Services, the Division
will issue a decision and notify affected area agencies and aging interests
listed in Rule .0303 of this Subchapter.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0700 ‑ WITHHOLDING AREA FUNDS OR WITHDRAWING AREA
AGENCY ON AGING DESIGNATION
10A NCAC 05F .0701 NOTIFICATION OF IMPENDING ACTION TO
WITHHOLD AREA FUNDS
Within no less than 15 days prior to withholding funds the
Division of Aging shall provide the area agency notification of the impending
action via certified mail. The notification shall contain the following:
(1) Reasons for initiating the withholding of funds.
(2) Date that funds will be withheld, pending request
for public hearing.
(3) Opportunity for requesting, in writing, a public
hearing concerning the impending action. Such request shall be within five
days of receiving the notice.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0702 PUBLIC HEARING/WITHHOLDING AREA FUNDS
If the area agency requests a hearing, the Division shall,
within 10 days of receipt of the request, schedule a public hearing in the
affected PSA and notify the area agency on aging and local aging interests
specified in Rule .0303 of this Subchapter.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0703 DECISION ON WITHHOLDING AREA FUNDS
Comments received through any public hearing shall be
considered by the Division in reaching a final decision. An area agency may
appeal the Division's decision to withhold funding as specified in Rule .0801
of this Subchapter.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0704 NOTICE/IMPENDING ACTION/WITHDRAW AREA
AGENCY ON AGING DESIGNATION
An area agency shall be notified via certified mail no less
than 30 days prior to withdrawing area agency designation.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0705 PUBLIC
HEARING/WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION
Upon determination of cause for withdrawing area agency on
aging designation, as specified in Rule .0102 of this Subchapter, a public
hearing shall be scheduled and conducted within the planning and service area
of the area agency on aging. Within no less than 15 days prior to the
scheduled hearing, the aging interests, as specified in Rule .0303 of this
Subchapter, shall be notified in writing with regards to the date, time, and
place of the public hearing.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0706 NOTIFICATION OF DECISION TO WITHDRAW
AREA AGENCY DESIGNATION
(a) Comments received through the public hearing shall be
considered in reaching a decision. Upon consultation with the Department of
Health and Human Services, the Division will issue a decision as to whether or
not to withdraw AAA designation. The area agency on aging and local aging
interests, as specified in Rule .0303 in this Subchapter, shall be notified in
writing of the Division's decision. An area agency may appeal the Division's
decision to withdraw area agency on aging designation, as specified in Rule
.0801 of this Subchapter.
(b) If AAA designation is withdrawn, the Division shall
meet with the chairman of the board of commissioners in each county of the
PSA. Based upon the decision of the counties, the Division will initiate the
designation of one or more PSAs or initiate the designation of an area agency
on aging.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
SECTION .0800 ‑ APPEAL OF DIVISION OF AGING DECISION
10A NCAC 05F .0801 CONTESTED CASE
Area agencies whose funding has been withheld; area agencies
whose designation has been withdrawn; area agencies on aging and other parties
adversely affected by a Division of Aging PSA designation decision; or a public
agency or private non-profit organization whose application for AAA designation
is disapproved by the Division of Aging may petition the Office of
Administrative Hearings for a contested case hearing. Provisions for contested
case hearings are specified in G.S. 150B, Article 3.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0802 APPEAL TO COMMISSIONER ON AGING
An area agency on aging whose designation has been withdrawn
or parties who are adversely affected by a Division of Aging PSA designation
decision and who are aggrieved by the final decision in a contested case may
appeal the decision to the Commissioner on Aging within 30 days following the
receipt of the state's decision in lieu of filing a petition for judicial
review in state superior court.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
10A NCAC 05F .0803 JUDICIAL REVIEW
Area agencies whose funding has been withheld or a public
agency or private non-profit organization whose application for AAA designation
is disapproved by the Division of Aging and are aggrieved by the final decision
in a contested case may file a petition for judicial review, as provided in
G.S. 150B, Article 4.
History Note: Authority G.S. 143B-181.1(c); 42 U.S.C.
3001;
Eff. November 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
