Section .0100 ‑ Division Of Aging Designation Authority

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 05 - aging - general provisions/subchapter f/subchapter f rules.html
Published: 2015

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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Area agency designation may be withdrawn whenever, after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.