(a) Policy.  The Area Agency on Aging (AAA) grants an appeal opportunity to existing or potential grantee or contractor when an application for Older Americans Act funds is denied or when a grant or contract is suspended or terminated prior to the approved budget year-end.

(b) Authority.  The authority for this Section is Part 1321.11 of the Code of Federal Regulations.

(c) Procedures.  The requirements for implementing this Section are outlined in this subsection.

• (1) Within 30 days of the complainant's receipt of notice of the adverse action, the complainant submits a written request for hearing to the AAA board of directors.  The written request includes a detailed explanation of the complainant's grievance.
• (2) The AAA:
  • (A) schedules a hearing within 20 days of the AAA receipt of the request for the hearing and notifies the complainant of the date, time, and location of the hearing; and
  • (B) prepares written testimony for the hearing outlining the appealed action and the data on which it is based.  Eight calendar days prior to the hearing a copy of this written testimony is provided to the complainant and submitted during the hearing as evidence.
• (3) board of directors, or a committee appointed by the board of directors, conducts the hearing within 30 days of the AAA receipt of the complainant's request.  The hearing includes:
  • (A) an opportunity for the complainant to:
    • (i) review all pertinent evidence relating to the appealed action;
    • (ii) present written and verbal testimony;
    • (iii) be represented by counsel;
    • (iv) present witnesses and documentary evidence; and
    • (v) cross-examine witnesses;
  • (B) a presiding officer appointed by the board of directors who conducts the hearing and has had no part in the appealed action; and
  • (C) a record of the hearing proceedings, taken by the presiding officer appointed by the board of directors, and maintained on file for public viewing.
• (4) Within 60 days of the completion of the hearing the AAA board of directors issues a written hearing decision to the complainant. 
  • (A) The decision letter includes:
    • (i) a notice of the complainant's right to appeal the decision to the Aging Services Division (ASD); and
    • (ii) instructions on how to initiate the appeal.
  • (B) Within 30 days after the complainant receives notice of an adverse AAA decision the complainant submits a written request for a hearing to ASD.
• (5) When the appeal process is not resolved prior to the start of the new project year, the AAA, through its board of directors, may enter into a temporary grant with a service provider to avoid cessation of those services affected by the appeal.

(d) Cross references.  Refer to OAC 340:105-10-101(c)(3)(D) and OAC 340:2-5-44.