411-002-0105 Basis for Planning and Service Area Designation (1) Boundaries for Planning and Service Areas will be designated by the Division Administrator and indicated in the current State Plan on Aging. (2) Designation of additional Planning and Service Areas shall be in compliance with the Older Americans Act, appropriate federal regulations, and Division administrative rules. (3) The official decision-making body for any unit of general purpose local government, a region recognized for area-wide planning, metropolitan area or Indian reservation may make application to the Division to be designated as a Planning and Service Area. The Division will notify the applicant of its approval or disapproval within 60 days of either the date the application is received by the Division, or any closing date for applications, whichever is later. (4) An Indian reservation must have at least 250 residents age 60 or over to be designated as a Planning and Service Area. Services on Indian reservations so designated shall be available to all persons 60 years of age or older who reside on the reservation. (5) During its review of any application for Planning and Service Area designation, the Division will consider: (a) The distribution in the state of persons age 60 and older, including those who have greatest economic and social need, particularly low-income minority elderly; (b) The views of public officials of the units of general purpose local governments; (c) The incidence of need for services provided under the Older Americans Act and ORS Chapter 410 and the resources to meet these needs; (d) The boundaries of existing areas within the State which were drawn for the planning or administration of Older Americans Act programs; (e) The location of units of general purpose local government within the State; and (f) Any other relevant factors, including those listed in sections (8), (9) and (10) of this rule. (6) Prior to making a decision, the Division will conduct hearings in the county or counties requesting designation, the locality of the Area Agency on Aging currently designated for the existing Planning and Service Area and in one or more other sites designated by the Administrator of the Division. The Governor’s Commission on Senior Services, and where applicable, the Oregon Disabilities Commission, shall be notified and invited to participate in these hearings. (7) In the event the Administrator of the Division shall consider designating a new Planning and Service Area, the Governor's Commission on Senior Services, and where applicable, the Oregon Disabilities Commission, shall participate in one or more public hearings, normally separate from those described in section (6) of this rule, prior to a final decision and prior to submission to the Governor for signature as a change to the State Plan on Aging. (8) It is the responsibility of the applicant to submit sufficient information and supporting documentation which will allow the Division to make a decision on designation. All information submitted by the applicant must specifically address section (5) of this rule and provide responses to the following questions: (a) How has the distribution of persons age 60 and older in the current Planning and Service Area changed since its original designation? (b) How has this change affected the delivery of services in the current Planning and Service Area(s)? (c) How would the proposed designation improve the delivery of services? (d) Why is this designation the best method to improve service delivery? Indicate which other alternatives have been considered; (e) Will this designation have any negative effects, directly or indirectly, on the current Planning and Service Area and programs being administered in that area? Indicate and describe; (f) Will this designation have an impact on resources under the area plan within the existing Planning and Service Area? Describe for both the proposed Planning and Service Area and the areas not covered by the proposed designation which are in the current Planning and Service Area; (g) What are the views of public officials of units of general purpose local government within the current Planning and Service Area? Submit documentation. (9) The Division will request comments from the existing Area Agencies and consider the overall impact within the State of Oregon. (10) Upon receipt of a request for designation of a new Planning and Service Area, and prior to the Division conducting hearings as required by section (6) of this rule, the impact of creating a new Planning and Service Area will be calculated by the Division, distributed to Area Agencies on Aging and made available to interested parties upon request. (11) If an application is disapproved by the Division, the applicant may appeal for an Administrative Review to the Division. Such an appeal must be made in writing within 30 days of notice of disapproval. The Division will initiate an Administrative Review within 30 days of receipt of an appeal. A written decision will be issued within 30 days of completing the review. (12) An applicant, as specified in section (3) of this rule, may appeal to the Assistant Secretary on Aging if the Division denies designation. The applicant must appeal in writing within 30 days after receipt of the Division’s Administrative Review decision, or 30 days following the initial decision, if the applicant does not request an Administrative Review. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99 SSD 3-1986, f. & ef. 2-5-86