Library: Policy

340:105-10-102. Appeal procedures for Title III service providers

Revised 6-1-11

(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.

(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.