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Ohio Laws and Rules
(A) Introduction: Chapter 173-11 of the Administrative Code describes the eligibility criteria for grants from the senior facilities program under section 173.11 of the Revised Code, the application process for the grants, the requirements for a grant recipient, and ODA’s reversionary interest in projects funded by the grants.
(B) Definitions for this chapter:
(1) “Area agency on aging” (“AAA”) means a public or nonprofit agency that ODA designates, under Section 305 of the Older Americans Act, to serve as an area agency on aging. Each AAA receives state and federal funds from ODA to administer aging-related programs within a particular PSA.
(2) “Director” means the director of ODA.
(3) “Facility” means the actual physical structure of a building or part of a building, or the permanent fixtures used in the operation of a building or part of a building utilized as a senior center.
(4) “Focal point” means a highly-visible facility designated by an AAA as an ideal location as a focal point, under Section 306 of the Older Americans Act, where anyone in the community may obtain information and access to services for older persons and that encourages the maximum collocation and coordination of services.
(5) “ODA” means “the Ohio department of aging.”
(6) “Older adult” means any person sixty years of age or older.
(7) “Older Americans Act” means the “Older Americans Act of 1965,” 79 Stat. 219, 42 U.S.C. 3001, as amended in 2006.
(8) “Planning and service area” (“PSA”) means a geographical region of Ohio, the boundaries of which ODA designates under Section 305 of the Older Americans Act. Each PSA is listed in rule 173-1-03 of the Administrative Code.
(9) “Project” means an activity for which funding is sought or provided by the ODA.
(10) “Senior center” means an existing or proposed facility in which emphasis is placed upon the provision of services to older adults.
Replaces: 173-11-01
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/19/2000
An applicant shall only receive funds from the senior facilities program if:
(A) It is a public or nonprofit entity;
(B) The facility to be constructed, acquired, renovated, or repaired is a focal point.
(C) It submits its application to the AAA serving the PSA in which its facility is to be constructed, acquired, renovated, or repaired by the deadline established by ODA;
(D) It provides written assurance that, concerning the senior facility to be constructed, acquired, renovated, or repaired, the applicant will:
(1) Operate the facility as a public or nonprofit entity;
(2) Keep the facility open at least five days a week;
(3) Keep the facility open at least thirty-five hours a week;
(4) Make the activities and services provided available to any older adult without regard to their race, sex, religious beliefs, economic status, or physical/mental disposition;
(5) Complete the project for which funding is sought and operate the facility in accordance with all applicable local, state, and federal laws;
(6) Operate it as a senior center for a period of no less than ten years following the last day of the state fiscal year for which the grant funds are awarded;
(7) Use funds granted under this program only for the portion of the facility utilized by older persons. If the same floor space in the facility is used proportionately by older persons and other persons, the applicant shall provide written assurances that the proposed project will be funded with state funds only to the extent, and in the proportion, that older persons will use the floor space;
(8) Purchase insurance to protect all volunteers from the normal risks of personal liability while they are acting within the scope of their volunteer assignments.
(9) Have sufficient funds available on the first day of the grant period to meet the local share of the project’s cost;
(10) Have sufficient funds available to effectively operate the facility;
(11) Follow any procedures established by ODA’s senior facilities program manual; and,
(12) Use state funds for those purposes outlined in the grant award and the senior
Replaces: 173-11-02
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/2/98, 8/19/2000
(A) If funding is available, the director of ODA shall provide a notice of funding availability and a complete copy of all application materials to each AAA.
(B) After receiving ODA’s notice, each AAA shall provide a copy of the notice and application materials to each entity it has designated as a focal point, and to all known senior centers operating within its PSA. An AAA’s failure to notify every senior center, however, shall not render the application process or grant award process void.
(C) An applicant shall submit his/her completed application to the local AAA no later than the deadline published in the application materials. Each AAA shall review any application it receives for completeness and shall communicate any deficiency to the applicant in writing. The applicant shall correct any deficiency and submit the revised application before the published deadline.
(D) Each AAA shall forward any completed applications to ODA no later than the deadline established by ODA.
Replaces: 173-11-03
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/19/2000, 5/16/2005
(A) ODA shall review all completed grant applications received by the deadline it established. The director may award the amount requested, award a different amount, or deny the applicant’s request altogether.
(B) To assist in the review of applications, ODA may form an advisory committee of state staff and non-state personnel to review the applications and make funding recommendations to the director. The director may accept, modify, or reject the committee’s recommendations, so long as the director’s funding decisions are not arbitrary or capricious.
(C) When reviewing applications for grants under this chapter, the advisory committee or the director shall consider:
(1) The overall availability of state and local funding for the applicant’s project;
(2) Whether the proposed project involves the construction of a new facility or the purchase or remodeling of an existing facility;
(3) The technical merit of the proposed project and the quality of the presentation of the application.
(4) The degree of local community support for the project;
(5) The degree to which the proposed project will improve the quality or availability of services in the geographic region to be served by the facility;
(6) The number of low-income and minority seniors served or proposed to be served by the facility; and,
(7) Any other criteria deemed to be appropriate by the director and noted in the department’s request for proposals.
(D) ODA shall notify each applicant of the amount of the grant funds to be awarded, if any. A grant award is only valid after the applicant and ODA have entered into a formal written grant agreement and the director of the state’s office of budget and management has certified that sufficient funds are available to cover the amount awarded by ODA. No grant agreement shall become effective before the first day of July in the fiscal year for which the funds are awarded.
Replaces: 173-11-04
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/19/2000
(A) All recipients of awards under this chapter shall comply with the procurement and reporting requirements established by ODA. Except as otherwise provided in paragraph (B) of this rule, ODA shall distribute grant awards on a reimbursement basis only.
(B) All recipients are required to complete their projects before the thirtieth day of June of the fiscal year for which the funds were awarded. Recipients who cannot reasonably complete their projects before the thirtieth day of June of the fiscal year for which the funds were awarded may, before the close of fiscal year, apply to ODA for a lump-sum payment of all unearned grant funds remaining after the first day of May of the fiscal year for which funding was awarded. ODA may approve the payment request if the recipient can provide evidence, deemed sufficient in the eyes of ODA, that it is more likely than not that the recipient will not complete the project before the end of the six-month period immediately following the end of the fiscal year.
(C) Each grant recipient shall notify its AAA immediately upon instituting any change that would affect the grantee’s compliance with the eligibility criteria established by ODA under rule 173-11-02 of the Administrative Code, or that would negatively impact upon any of the representations made in the recipient’s approved grant application.
(D) Each grant applicant shall allow ODA or its representative(s) access to, and an opportunity to review, all records related to any project funded in whole or in part with senior center program funds.
(E) If, at any time, the AAA or ODA determine that a grantee is not in compliance with one or more of the provisions of the request for proposals or the grant agreement, ODA may terminate, reduce, or suspend the grant.
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/19/2000
(A) ODA shall retain a reversionary interest in all grants it awards under this chapter for a period of no fewer than ten years after the last day of the fiscal year during which ODA awarded the grants.
(B) Each AAA shall verify, on an annual basis, the status of all senior facilities projects funded by ODA within its PSA. An AAA shall take steps to recover a prorated portion of any funds awarded to construct, acquire, repair, or renovate a facility that is no longer used in a manner consistent with the assurances provided by the facility’s sponsors, or that has ceased serving as a senior center before the end of the ten-year period. In the event that an AAA is unable to recover funds, the AAA shall notify ODA and ODA shall attempt to collect the funds through the attorney general’s office.
(C) Any AAA that recovers funds in accordance with this rule shall use the funds for the construction, acquisition, repair, or renovation of other senior centers within its PSA. If ODA recovers funds, it shall return the funds to the state’s general revenue fund.
Replaces: 173-11-06
Effective: 01/08/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.11
Rule Amplifies: 173.11, 173.12
Prior Effective Dates: 12/7/79, 1/2/1998, 8/19/2000, 5/16/2005