3005 Withdrawal of Designation of Area Agencies on Aging

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

3000 Area Agency on Aging (AAA) Administration

Effective Date:

09/07/2023

Section Title:

Withdrawal of Designation of Area Agencies on Aging

Reviewed or Updated in:

MT 2024-01

Section Number:

3005

Previous Update:

MT 2014-05

Policy Statement

It is the policy of the Division of Aging Services that the Division and the Area Agencies on Aging will comply with Older Americans Act and regulations for the withdrawal of designation of area agencies on aging and planning and service areas.

Conditions for Withdrawal

The Division of Aging Services shall withdraw designation of an existing area agency on aging whenever:

  • An area agency does not meet the requirements in 45 CFR 1321;

  • The Division does not approve an area plan or an area plan amendment;

  • There is substantial failure in administration of an approved area plan to comply with any provision of the Older Americans Act or its regulations; DHS regulations; Division Area Agency on Aging Guidelines, or any other procedural issuances, policies or procedures established and published by the DHS or the DAS;

  • Activities of the area agency are inconsistent with the statutory mission prescribed in the Older Americans Act or are in conflict with the requirement of the Act that it functions only as an area agency;

  • The designated area agency voluntarily relinquishes designation;

  • There is a finding of malfeasance in the administration of the area agency’s area plan and failure of the governing body to take effective corrective action within a reasonable time.

Notice of Withdrawal

Pursuant to Section 305(b)(5)©(i)(I) of the Older Americans Act and the requirements in 45 CFR 1321.35, the Director of the Division of Aging Services shall provide to the Chairman of the area agency governing board a written notice 90 days before the effective date of the withdrawal of designation.

The notice shall advise the area agency of the reason for the withdrawal and provide an opportunity for a hearing consistent with the Opportunity for Hearing sub-section below.

Withdrawal Process

If the Division proceeds to withdraw an Area Agency on Aging’s designation, it shall take such action necessary to assure that appropriate individuals and agencies are informed in advance of the reasons that make withdrawal necessary.

  • The Division shall prepare correspondence summarizing the basis for the action

  • The Division shall transmit the correspondence by certified mail, return receipt requested, registered mail or statutory overnight delivery, to the contractor, and other interested parties, including subcontractors, or vendors for the contract involved.

  • The Division will provide this notice at least ten working days prior to the effective date of the withdrawal of the designation as area agency on aging

  • The notice will provide an explanation of the right of the contractor to appeal such actions as provided in the Opportunity for hearing sub-section below relating to appeals procedures for area agency on aging contractors.

If the Division withdraws an Area Agency on Aging’s designation, it shall take the following action:

  • The Division shall notify by certified mail, return receipt requested, registered mail or statutory overnight delivery, the Assistant Secretary for the Administration on Aging, Department of Health and Human Services and all individuals specified above in this subsection.

  • The Division shall provide a plan for the continuity of services in the affected PSA and will:

    • Discontinue reimbursement to the contractor concerned; notify service providers to submit requests for reimbursement to the Division or to a designated interim contractor;

    • Place and advertisement in the legal organ of the PSA and newspaper of statewide circulation advising that claims against the contractor related to Older Americans Act programs (and any other programs administered through the contract with the Division) shall be referred to the Division of Aging Services; and

    • Designate an interim or new area agency in the PSA within 180 calendar days, or extension of time approved by the Administration on Aging.

If necessary to ensure continuity of services in a PSA, the Division may, for a period of 180 calendar days after withdrawing a designation of an AAA:

  • Perform the area agency’s responsibilities;

  • Assign the responsibilities of the area agency to another agency in the PSA;

  • Assign the responsibility to an area agency on aging in a contiguous PSA; or

  • If necessary, request an extension of the 180-day limit from the Assistant Secretary. The Assistant Secretary may extend the period for an additional 180 calendar days if the need for extension is demonstrated.

Opportunity for Hearing

The Division shall establish and follow appropriate procedures to provide due process to adversely affected parties, if the Division initiates an action or proceeding to

  • Revoke the designation of the Area Agency on Aging;

  • Designate an additional planning and service area in a State;

  • Divide the State into different planning and services areas; or

  • Otherwise affect the boundaries of the planning and service areas in the State.

An adversely affected party involved in an action or proceeding described above may bring an appeal on the basis of

  • The facts and merits of the matter that is the subject of the action or proceeding; or

  • Procedural grounds.

Filing an Appeal

In accordance with Section 307(a)(5), Section 306(e) and Section 305(b)(5)© of the Older Americans Act, the Division shall provide an opportunity for a hearing to a unit of general purpose government, a region, a metropolitan area, or an Indian reservation, provided the request for hearing is received in writing within 10 business days after receipt of the Division’s decision at the Division Director’s Office.

Filing of the appeal shall stay the Division’s decision.

The Division shall forward the request to the Office of the General Counsel of the Department of Human Services.

Appeal to the Assistant Secretary, Administration on Aging

Any party whose appeal is denied may appeal to the Assistant Secretary on Aging. Any such appeal shall be governed by procedures outlined in 45 Code of Federal Regulations, Part 1321, or subsequent amendment. Whenever a unit of general-purpose local government, a region, a metropolitan area or an Indian reservation is denied designation, such unit of general purpose local government, region, metropolitan area, or Indian reservation may appeal the decision of the State agency to the Assistant Secretary.

The Assistant Secretary shall afford such unit, region, metropolitan area, or Indian reservation an opportunity for a hearing.

In carrying out the provision of this paragraph, the Assistant Secretary may:

  • Approve the decision of the State agency;

  • Disapprove the decision of the State agency and require the State agency to designate the unit, region, area, or Indian reservation appealing the decision as a planning and service area; or

  • Take such other action as the Assistant Secretary deems appropriate.