CHAPTER 30. DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING

§ 30.1. Purpose and authority.

 (a)  The purpose of this chapter is to set forth the procedures to be followed by the Department in designating and redesignating organizations or agencies as Area Agencies on Aging.

 The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

   Act—Section 6 of the act of June 20, 1978 (P. L. 477, No. 70) (71 P. S. § §  581-1—581-12).

   Area agency on aging—The single local agency designated within each planning and service area to administer the delivery of a comprehensive and coordinated plan of social and other services and activities; local agencies which have been designated as Area Agencies on Aging are listed in Appendix A to this chapter.

   Area plan—The plan submitted to the Department by an Area Agency on Aging describing the methods by which it will ensure a coordinated and comprehensive plan of social and other services and activities in the planning and service area.

   Chief elected officials—County commissioners acting collectively, governing bodies of home rule counties, and mayors of cities with a total population of over 100,000.

   Department—The Pennsylvania Department of Aging.

   Planning and service area—The geographic unit within this Commonwealth, as authorized by the Federal Older Americans Act of 1965, for allocation of funds for the delivery of social services; geographic areas which have been designated as planning and service areas in this Commonwealth are displayed in Appendix B of this chapter.

   Secretary—The Secretary of Aging of the Commonwealth.

   Units of general purpose local government—Counties, and municipalities with a total population of over 100,000.

DESIGNATION OF AREA AGENCIES

§ 30.11. Circumstances requiring designation.

 An Area Agency on Aging will be designated for each planning and service area in this Commonwealth. The Department will act to designate an organization or agency as the Area Agency on Aging only when changes in the designation of existing planning and service areas result in the creation and designation of a new planning and service area for which no Area Agency on Aging has been designated.

 In order to be eligible for designation by the Department as an Area Agency on Aging, an organization or agency:

   (1)  shall be:

     (i)   an established office of aging which is operating within the newly-designated planning and service area designated by the Department;

     (ii)   any office or agency of a unit of general purpose local government which office or agency is designated for the purpose of serving as an area agency by the chief elected officials of such unit;

     (iii)   any office or agency designated by the appropriate chief elected officials of any combination of units of general purpose local government to act on behalf of such combination for such purpose; or

     (iv)   any public or nonprofit private agency in the newly-designated planning and service area which is under the supervision or direction for this purpose of the designated State agency and which can engage in the planning or provision of a broad range of social services or nutrition services within such newly-designated planning and service area; and

   (2)  shall provide assurances determined adequate by the Department that it will have the ability to develop an area plan and to carry out, directly or through contractual arrangements, a program in accordance with the area plan within the newly-designated planning and service area.

 (a)  Preliminary departmental action. Under §  30.11 (relating to circumstances requiring designation) and in order to make a determination regarding designation in a way which will be efficient, appropriate, and equitable, the Department will take whatever preliminary actions it deems necessary. Such actions will include but need not be limited to the determination through an on-site assessment of the capacity of an organization or agency to carry out all the functions of an Area Agency on Aging as specified in the act and in the Federal Older Americans Act of 1965.

 (b)  Issuance of notice of intent to designate. The procedure for issuance of notice of intent to designate shall be as follows:

   (1)  The Secretary will, pursuant to §  30.11 (relating to circumstances requiring designation), and at least 210 days prior to the beginning of the next Area Agency on Aging contract year, issue a written notice of intent to designate an organization or agency as the Area Agency on Aging within a newly-designated planning and service area. This notice will be processed as follows:

     (i)   The notice will be transmitted to the proposed Area Agency on Aging.

     (ii)   The notice will be transmitted to the chief elected officials of units of general purpose local government in the newly-designated planning and service area. The chief elected officials shall present their views to the Secretary in writing within 30 days of being notified. Receipt of such views will be promptly confirmed by the Secretary in writing. In the absence of a response from the chief elected officials in the newly-designated planning and service area, the Secretary will proceed with the process of designation pursuant to this Chapter.

     (iii)   The notice will be published in the Pennsylvania Bulletin.

     (iv)   The notice will be published in newspapers of general circulation in the newly-designated planning and service area.

   (2)  Paragraph (1) supplements 1 Pa. Code §  35.105 (relating to notice of nonrulemaking proceedings).

 (c)  Contents of notice. Notice shall comply with the following:

   (1)  The notice of intent to designate an organization or agency in a newly-designated planning and service area as the Area Agency on Aging issued pursuant to subsection (b) will comply with all of the following:

     (i)   Identify the organization or agency to be designated as the Area Agency on Aging in the newly-designated planning and service area.

     (ii)   State the reason for the issuance of intent to designate.

     (iii)   Announce that a public hearing will be held in the newly-designated planning and service area so as to afford the public an opportunity to give testimony regarding the intent to designate.

     (iv)   Contain the time, the place, and a brief description of the conduct of these hearings and the name, telephone number, and address of the person to be contacted regarding the offering of testimony.

     (v)   Contain any other information the Secretary deems necessary.

   (2)  Paragraph (1) supersedes 1 Pa. Code §  35.106 (relating to contents of notice of nonrulemaking proceedings).

 (d)  Public hearings. The procedure for public hearings shall be as follows:

   (1)  The Department will hold public hearings within 45 days of the transmittal of the notice of intent to designate the Area Agency on Aging in as many locations as needed to assure convenient public access within the newly-designated planning and service area but no sooner than 15 days after publication of the notice of intent to designate in the Pennsylvania Bulletin. The presiding officer at these hearings will be the Secretary or his designee. A stenographer will be employed by the Department at all hearings to provide a verbatim transcription of all testimony, a copy of which will be available for public inspection at the main office of the Department.

   (2)  Paragraph (1) supplements 1 Pa. Code §  35.185 (relating to designation of presiding officers) and §  35.131 (relating to recording of proceedings) and supersedes 1 Pa. Code §  35.133 (relating to copies of transcripts).

 (e)  Preliminary decision regarding designation. At least 150 days prior to the beginning of the next Area Agency on Aging contract year, the Secretary will, in writing, notify the organization or agency of his preliminary decision to designate it as the Area Agency on Aging in the newly-designated planning and service area. The organization or agency so notified shall thereupon submit the assurances required by §  30.12(2) (relating to organization/agency eligibility). Such assurances shall be in writing and in a form prescribed by the Secretary and shall be submitted by the organization or agency within 15 days of receipt of the preliminary decision to designate. This form, the statement of assurances, shall be as follows:

Statement of Assurances

 I (we) am (are) in receipt of the Preliminary Decision to designate

 I (we) hereby certify:

 1) that I (we) am (are) authorized to transmit this Statement of Assurances on behalf of the above-named AAA designee; and

 2) that

 3) that

 4) that said Area Plan will comply with all applicable regulations, policies, and priorities established by the Pennsylvania Department of Aging and by the Administration on Aging of the United States Department of Health and Human Services.

 (f)  Final decision regarding designation. Upon receipt and acceptance of these assurances and at least 120 days prior to the beginning of the next Area Agency on Aging contract year the Secretary will:

   (1)  Notify the organization or agency of its designation as the Area Agency on Aging in the newly-designated planning and service area for the coming Area Agency on Aging contract year.

   (2)  Notify the chief elected officials of the units of general purpose local government in the newly designated planning and service area of such designation.

   (3)  Publish such Notice of Designation in the Pennsylvania Bulletin.

   (4)  Publish such Notice of Designation in newspapers of general circulation in the newly-designated planning and service area.

REDESIGNATION OF AREA AGENCIES

§ 30.21. Circumstances requiring redesignation.

 The Department will act to redesignate an organization or agency as the Area Agency on Aging within a designated planning and service area when it determines that the currently-designated Area Agency on Aging in the affected planning and service area will not be able to comply satisfactorily with the assurances originally given pursuant to §  30.12(2) (relating to organization/agency eligibility) for the coming Area Agency on Aging contract year or in any other circumstances deemed appropriate by the Secretary. Circumstances leading to such an action may include but shall not be limited to the following:

   (1)  Failure of the Area Agency on Aging to meet the requirements of 45 CFR Part 1321 (1980).

   (2)  Disapproval of the area plan or its amendments.

   (3)  A finding by the Department that the Area Agency on Aging’s administration of the provisions of its approved area plan fails to substantially comply with the requirements of 45 CFR Part 1321 (1980).

   (4)  A finding by the Department that the provisions of an approved Area Plan fail to substantially comply with 45 CFR Part 1321.

   (5)  Receipt by the Department of written statements by agencies, organizations, or units of general purpose local government in the affected planning and service area including the Area Agency on Aging itself requesting redesignation of the Area Agency on Aging and providing justification therefor. The Department reserves the right to reject any requests received pursuant to this paragraph which are accompanied by justifications deemed inadequate or spurious.

   (6)  Any other circumstances unforeseen at the time of original designation.

 In order to make a determination regarding redesignation which will be efficient, appropriate, and equitable, the Department will take whatever preliminary actions it deems necessary. Such actions will include meeting with the governing authority of the currently-designated Area Agency on Aging, and may include, but not be limited to on-site visits or other communication with:

   (1)  staff of the currently-designated Area Agency on Aging;

   (2)  subcontractors of the currently-designated Area Agency on Aging;

   (3)  other service providers in the affected planning and service area;

   (4)  older persons in the affected planning and service area;

   (5)  the chief elected officials of units of general purpose local government in the affected planning and service area; and

   (6)  any other persons, organizations, or agencies in the affected planning and service area.

 (a)  Issuance of notice of intent to redesignate. The procedure for issuance of notice of intent to redesignate shall be as follows:

   (1)  Pursuant to § §  30.21 and 30.22 (relating to circumstances requiring redesignation; and preliminary departmental action), the Secretary will, at least 240 days prior to the beginning of the next Area Agency on Aging contract year, issue a written notice of intent to redesignate the Area Agency on Aging. This notice will be:

     (i)   transmitted to the currently-designated Area Agency on Aging in the affected planning and service area;

     (ii)   transmitted to the chief elected officials of the units of general purpose local government in the affected planning and service area;

     (iii)   published in the Pennsylvania Bulletin; and

     (iv)   published in newspapers of general circulation in the affected planning and service area.

   (2)  Paragraph (1) supplements 1 Pa. Code §  35.105 (relating to notice of nonrulemaking proceedings).

 (b)  Contents of notice. Notice shall comply with the following:

   (1)  The notice of intent to redesignate the Area Agency on Aging issued pursuant to subsection (a) shall comply with all of the following:

     (i)   State the reason for the issuance of intent to redesignate.

     (ii)   Announce that a public hearing will be held in the affected planning and service area so as to afford the public an opportunity to give testimony regarding the intent to redesignate.

     (iii)   Contain the time, the place, and a brief description of the conduct of these hearings, and the name, telephone number, and address of the person to be contacted regarding the offering of testimony.

     (iv)   Contain any other information the Secretary deems necessary.

   (2)  Paragraph (1) supersedes 1 Pa. Code §  35.105 (relating to contents of notice of nonrulemaking proceedings).

 (c)  Public hearings. The procedure for public hearings shall be as follows:

   (1)  The Department will hold public hearings within 45 days of the transmittal of the notice of intent to redesignate the Area Agency on Aging in as many locations as are needed to assure convenient public access within the affected planning and service area, but no less than 15 days after publication of the notice of intent to redesignate in the Pennsylvania Bulletin. The presiding officer at these hearings will be the Secretary or his designee. A stenographer will be employed by the Department at all hearings to provide a verbatim transcription of all testimony, a copy of which will be available for public inspection at the main office of the Department.

   (2)  Paragraph (1) supplements 1 Pa. Code §  35.185 (relating to designation of presiding officers) and §  35.131 (relating to recording of proceedings) and supersedes 1 Pa. Code §  35.133 (relating to copies of transcripts).

 (d)  Preliminary decision regarding redesignation. The Secretary will, within 15 days of the date of the last public hearing held pursuant to subsection (c) of this section, issue his preliminary decision regarding redesignation. This preliminary decision will state the reasons for the decision and will be communicated in writing to:

   (1)  The currently-designated Area Agency on Aging.

   (2)  The organization or agency to be designated as the new Area Agency on Aging in the event the Secretary has preliminarily decided to redesignate an organization or agency within the affected planning and service area.

   (3)  The chief elected officials of units of general purpose local government in the affected planning and service area.

 (e)  Factors to be considered. Before making his preliminary decision regarding redesignation pursuant to subsection (d) the Secretary will consider the following:

   (1)  The impact of redesignation on the provision of services in the designated planning and service area.

   (2)  The comments of the Advisory Council of the currently-designated Area Agency on Aging.

   (3)  All information and findings obtained pursuant to § §  30.21 and 30.22 (relating to circumstances requiring redesignation and preliminary departmental action).

   (4)  All testimony given at the public hearings held pursuant to subsection (c).

   (5)  All other pertinent information in his possession.

 (f)  Notice to the currently-designated Area Agency on Aging of its right to an adjudicatory hearing. Notice to the currently-designated Area Agency on Aging of its right to an adjudicatory hearing shall comply with the following:

   (1)  In the event the Secretary’s decision is to redesignate, he will inform the currently-designated Area Agency on Aging in the affected planning and service area of its right to request a hearing before the Department regarding this decision.

   (2)  The request for a hearing must be in writing and, in order to be considered, must be received by the Department within 30 days of the Area Agency on Aging’s receipt of the Secretary’s preliminary decision. If the currently-designated Area Agency on Aging, after being notified of the preliminary decision pursuant to subsection (d), fails to request a hearing as specified in this subsection, the preliminary decision will become final.

   (3)  Paragraphs (1) and (2) supersede 1 Pa. Code § §  35.226 and 35.231 (relating to final orders and reopening on application of party).

 (g)  Adjudicatory hearing. All hearings held pursuant to subsection (f) will be conducted in accordance with the provisions of 2 Pa.C.S. § §  501—508 and 701—704.

 (h)  Final decision regarding redesignation. The Secretary, after considering all of the information obtained under § §  30.21 and 30.22 (relating to circumstances requiring redesignation and preliminary departmental action); all of the testimony given at the public hearings held pursuant to subsection (c); and all of the testimony given at the adjudicatory hearing, if any, will publish notice of a final decision regarding redesignation in the Pennsylvania Bulletin, along with the reasons therefor, no less than 100 days prior to the beginning of the next Area Agency on Aging contract year.

 (a)  Whenever circumstances in a designated planning and service area render the designated Area Agency on Aging immediately incapable of complying with the assurances specified in §  30.12(2) (relating to organization/agency eligibility), the Department will—all other provisions of this chapter notwithstanding and in order to guarantee the uninterrupted provision of services—take all appropriate action, including but not limited to acting immediately to redesignate an organization or agency as the Area Agency on Aging on an interim emergency basis. Such redesignation shall remain in effect as long as necessary, but in no case longer than 180 days.

 (b)  Within the 180-day period specified in subsection (a), the Department will make a final decision regarding redesignation in the affected planning and service area. In so doing, the Department will follow the procedures specified in § §  30.22 and 30.23 (relating to preliminary departmental action and procedure for redesignation); except that it will not be required to act within the time limits specified in these sections.

   Editor’s Note: The following document is being codified under 1 Pa. Code §  3.1(9) (relating to contents of Pennsylvania Code) as a document which the Legislative Reference Bureau finds to be general and permanent in nature.

APPENDIX A
LOCAL AREA AGENCIES ON AGING
BY PLANNING AND SERVICE AREA (PSA)
October 18, 1985

PSA	AAA
01	Erie County Area Agency on Aging Greater Erie Community Action Committee 18 West Ninth Street Erie, Pennsylvania 16501 COUNTIES SERVED: Erie
02	Active Aging, Inc. 1034 Park Avenue Meadville, Pennsylvania 16335 COUNTIES SERVED: Crawford
03	North Central Pennsylvania Office of Human Services Post Office Box A Ridgway, Pennsylvania 15853 COUNTIES SERVED: McKean/Elk/Cameron
04	Beaver County Area Agency on Aging 599 Market Street, W.B. Beaver, Pennsylvania 15009 COUNTIES SERVED: Beaver
05	Aging Services, Inc., of Indiana County Airport Offices & Professional Center R.D. 3 Indiana, Pennsylvania 15701 COUNTIES SERVED: Indiana
APPENDIX A (Continued)
PSA	AAA
06	Allegheny County Adult Services/Area Agency on Aging 300 Arrot Building 401 Wood Street Pittsburgh, Pennsylvania 15222 COUNTIES SERVED: Allegheny
07	Westmoreland County Office of Aging 2482 South Grande Boulevard Greensburg, Pennsylvania 15601 COUNTIES SERVED: Westmoreland
08	Southwestern Pennsylvania Area Agency on Aging, Inc. Eastgate 8 Monessen, Pennsylvania 15062 COUNTIES SERVED: Washington/Greene/Fayette
09	Area Agency on Aging of Somerset County 147 East Union Street Post Office Box 30 Somerset, Pennsylvania 15501 COUNTIES SERVED: Somerset
10	Cambria County Area Agency on Aging R.D. 3, Box 614 Ebensburg, Pennsylvania 15931 COUNTIES SERVED: Cambria
11	Blair County Office of Services for the Aging 1320-24 Twelfth Avenue Altoona, Pennsylvania 16601 COUNTIES SERVED: Blair
12	Bedford/Fulton/Huntingdon Area Agency on Aging 406 East Pitt Street Post Office Box 46 Bedford, Pennsylvania 15522 COUNTIES SERVED: Bedford/Huntingdon/Fulton
13	Centre County Area Agency on Aging Willowbank Building Holmes and Valentine Streets Bellefonte, Pennsylvania 16823 COUNTIES SERVED: Centre
14	Lycoming/Clinton Bi-County Office of Aging Post Office Box 770 352 E. Water Street Lock Haven, Pennsylvania 17745 COUNTIES SERVED: Clinton/Lycoming
APPENDIX A (Continued)
PSA	AAA
15	Columbia/Montour Area Agency on Aging 243 West Main Street Bloomsburg, Pennsylvania 17815 COUNTIES SERVED: Columbia/Montour
16	Northumberland County Area Agency on Aging 905 Juniper Street Shamokin, Pennsylvania 17872 COUNTIES SERVED: Northumberland
17	Union/Snyder County Office of Aging 116 North Second Street Lewisburg, Pennsylvania 17837 COUNTIES SERVED: Union/Snyder
18	Mifflin/Juniata Area Agency on Aging, Inc. Post Office Box 750 Lewistown, Pennsylvania 17044 COUNTIES SERVED: Juniata/Mifflin
19	Franklin County Office for the Aging Franklin Farm Lane Chambersburg, Pennsylvania 17201 COUNTIES SERVED: Franklin
20	Adams County Area Agency on Aging 100 North Stratton Street Gettysburg, Pennsylvania 17325 COUNTIES SERVED: Adams
21	Cumberland County Office on Aging 35 East High Street Carlisle, Pennsylvania 17013 COUNTIES SERVED: Cumberland
22	Perry County Office for the Aging Court House Annex, South Carlisle St. New Bloomfield, Pennsylvania 17068 COUNTIES SERVED: Perry
23	Dauphin County Area Agency on Aging 25 South Front Street Harrisburg, Pennsylvania 17101 COUNTIES SERVED: Dauphin
24	Lebanon County Area Agency on Aging 710 Maple Street Room 209—Senior Centers Lebanon, Pennsylvania 17042 COUNTIES SERVED: Lebanon
APPENDIX A (Continued)
PSA	AAA
25	York County Area Agency on Aging 141 West Market Street York, Pennsylvania 17401 COUNTIES SERVED: York
26	Lancaster County Office of Aging 50 North Duke Street Lancaster, Pennsylvania 17602 COUNTIES SERVED: Lancaster
27	Chester County Services for Senior Citizens 14 East Biddle Street West Chester, Pennsylvania 19380 COUNTIES SERVED: Chester
28	Aging and Adult Services Montgomery County Court House Norristown, Pennsylvania 19404 COUNTIES SERVED: Montgomery
29	Bucks County Area Agency on Aging 30 East Oakland Avenue Doylestown, Pennsylvania 18901 COUNTIES SERVED: Bucks
30	Delaware County Services for the Aging Second and Orange Streets-Government Center Media, Pennsylvania 19063 COUNTIES SERVED: Delaware
31	Philadelphia Corporation on Aging 111 North Broad Street Philadelphia, Pennsylvania 19107 COUNTIES SERVED: Philadephia
32	Berks County Area Agency on Aging 15 South Eighth Street Reading, Pennsylvania 19602-1105 COUNTIES SERVED: Berks
33	Lehigh County Area Agency on Aging Court House Annex 523 Hamilton Street Allentown, Pennsylvania 18101 COUNTIES SERVED: Lehigh
APPENDIX A (Continued)
PSA	AAA
34	Northampton County Area Agency on Aging Gracedale-Southwest Ground Gracedale Avenue Nazareth, Pennsylvania 18064 COUNTIES SERVED: Northampton
35	Wayne/Pike Area Agency on Aging Pike County Program Office 400 Broad Street Milford, Pennsylvania 18337 COUNTIES SERVED: Wayne/Pike
36	Area Agency on Aging 701 Main Street Towanda, Pennsylvania 18848 COUNTIES SERVED: Tioga/Bradford/Susquehanna/Sullivan
37	Luzerne/Wyoming Counties Bureau for Aging 111 North Pennsylvania Boulevard Wilkes-Barre, Pennsylvania 18701 COUNTIES SERVED: Luzerne/Wyoming
38	Lackawanna County Area Agency on Aging Lackawanna County Office Building 200 Adams Avenue Scranton, Pennsylvania 18503 COUNTIES SERVED: Lackawanna
39	Carbon County Area Agency on Aging Post Office Box 251 Jim Thorpe, Pennsylvania 18229 COUNTIES SERVED: Carbon
40	Schuylkill County Area Agency on Aging 13-15 North Centre Street Pottsville, Pennsylvania 17901 COUNTIES SERVED: Schuylkill
41	Clearfield County Area Agency on Aging 211 Ogden Avenue Post Office Box 550 Clearfield, Pennsylvania 16830 COUNTIES SERVED: Clearfield
42	Jefferson County Area Agency on Aging Jefferson County Service Center R.D. 5 Brookville, Pennsylvania 15825 COUNTIES SERVED: Jefferson
APPENDIX A (Continued)
PSA	AAA
43	Area Agency on Aging Experience, Inc. 900 Fourth Avenue, Post Office Box 886 Warren, Pennsylvania 16365 COUNTIES SERVED: Forest/Warren
44	Venango Area Agency on Aging Venango County Bureau of Human Services Post Office Box 1130 Franklin, Pennsylvania 16323 COUNTIES SERVED: Venango
45	Armstrong County Area Agency on Aging 125 Queen Street Kittanning, Pennsylvania 16201 COUNTIES SERVED: Armstong
46	Lawrence County Area Agency on Aging Catholic Charities of the Diocese of Pittsburgh, Inc. 20 South Mercer Street New Castle, Pennsylvania 16101 COUNTIES SERVED: Lawrence
47	Mercer County Area Agency on Aging, Inc. Human Services Complex 120 South Diamond Street Mercer, Pennsylvania 16137 COUNTIES SERVED: Mercer
48	Monroe County Area Agency on Aging 62 Analomink Street East Stroudsburg, Pennsylvania 18301 COUNTIES SERVED: Monroe
49	Clarion County Area Agency on Aging 12 Grant Street Clarion, Pennsylvania 16214 COUNTIES SERVED: Clarion
50	Butler County Area Agency on Aging 165 Brugh Avenue Butler, Pennsylvania 16001 COUNTIES SERVED: Butler
51	Potter County Area Agency on Aging Mapleview Health Center Route 872 Coudersport, Pennsylvania 16915 COUNTIES SERVED: Potter

APPENDIX B