(a) Policy. The State Agency establishes appropriate procedures for providing due process to affected parties when the State Agency initiates action to:
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(1) designate an additional planning and service area(s) (PSA(s) in the state;
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(2) divide the state into different PSAs; or
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(3) otherwise affect the boundaries of the PSAs.
(b) Authority. The authority for this Section is Section 305(b)(5) of the Older Americans Act of 1965, as amended.
(c) Procedures.
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(1) The State Agency:
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(A) provides written notice of the proposed action or proceeding affecting PSA boundaries to existing PSAs, and to any other affected parties, including clear documentation of the need for proposed action;
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(B) conducts a public hearing on the proposed action or proceeding;
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(C) invites the participation at the public hearing of affected Area Agencies on Aging (AAAs), Title III service projects, and older persons; and
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(D) requests written comments from the affected AAAs, Title III service projects, and older persons.
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(2) An adversely affected party involved in the action or proceeding may bring an appeal to the Assistant Secretary for Aging of the Administration on Aging (AoA) on the basis of:
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(3) The procedure for appeal includes the:
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(A) State Agency notifies affected parties of the right to appeal in all written notices of the proposed action; and
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(B) affected party may appeal in writing to the Assistant Secretary for Aging of the AoA within 30 days of the State Agency decision. Written requests must state:
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(i) the decision(s) for which an appeal is being made; and
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(ii) legal name(s), address(es), and telephone number(s) of appellant(s).
(d) Cross references. See OAC 340:105-10-11(a)(5), 340:105-10-18, 340:105-10-20, and 340:105-10-21.