Lawriter - OAC - 173-2-08 De-designating an AAA.

173-2-08 De-designating an AAA.

(A) ODA shall de-designate an AAA if state or federal law requires ODA to de-designate , if ODA determines that de-designation is an appropriate corrective action according to rule 173-2-07 of the Administrative Code, or if ODA reorganizes the state's PSAs and the geographical region that a currently-designated AAA serves ceases to exist.

(B) De-designation is a serious action that ODA shall pursue only if that action is in the public's interest and for the protection of the state of Ohio. Because ODA recognizes the valuable asset it has in its AAAs, it shall not pursue the de-designation of an AAA before giving consideration to the negative impact it may have upon the aging network and the lives of consumers that the AAA serves.

(C) If ODA finds it necessary to de-designate an AAA, it shall take reasonable actions to minimize disruption to consumer's lives and all necessary actions to ensure the continuation of services until ODA designates a new AAA. The actions that ODA takes to ensure the continuation of services may include directly administering the grants and contracts of the AAA or contracting with another AAA to administer the deficient AAA's grants and contracts on ODA's behalf.

(D) ODA shall provide a written notice and an opportunity for an appeals hearing according to Chapter 119. of the Revised Code to any AAA that ODA proposes to de-designate .

Effective: 09/01/2014
R.C. 119.032 review dates: 06/10/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.011, 173.02 ; Section 306(f) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01, 173.011; 45 C.F.R. 1321.11, 1321.35 (October 1, 2013 edition)
Prior Effective Dates: As 173:1-2-02, 173:1-2-06, and 173:1-2-07: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990. As 173-2-04: 05/15/2000, 05/16/2005, 07/12/2007. As 173-2-08: 06/11/2009.