reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.02 - Definition Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
To the extent not otherwise defined within these rules and
				regulations or otherwise by law, the following definitions shall apply:
(a) Board. The Board of Directors for the
			 Alabama Department of Senior Services. The Board serves in an advisory capacity
			 to the Department.
(b)
			 Commissioner. The Commissioner of the Department of Senior Services.
(c) Department. The Alabama Department of
			 Senior Services.
(d) Area Agency.
			 Area Agency on Aging as designated by the Department of Senior
			 Services.
(e) Client. With the
			 exceptions of the legal assistance program and the long-term care ombudsman
			 program, a client is any individual who receives services through the
			 Department or its service provider, contractor, grantee or subgrantee. With the
			 exception of the legal assistance program and the long-term care ombudsman
			 program, a client is any individual who receives services through an Area
			 Agency or its service provider, contractor, grantee or subgrantee. Clients may
			 also be referred to as "consumer" or "participant" for purposes of Department
			 program administration.
(f) Service
			 Provider. An entity that is awarded a subgrant, grant, contract or memorandum
			 of understanding from an area agency to provide services or an entity that is
			 awarded a subgrant, grant, contract or memorandum of understanding from the
			 Department to provide services.
(g)
			 Area Plan. Means the legally binding document submitted by an area agency to
			 the Department of Senior Services in order to receive funding under the Older
			 Americans Act. The Plan details the manner in which the area agency shall
			 furnish a comprehensive and coordinated system of services for older persons
			 throughout the planning and service area. The Plan also outlines the assurances
			 and contractual obligations that the area agency intends to fulfill in exchange
			 for the receipt of funding.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-6,
				  Older Americans Act of 1965 (Public Law
				  109-265).
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.03 - Department Duties Under Federal Aging Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department serves as the State Unit
			 on Aging pursuant to the Federal Older Americans Act of 1965, as
			 amended.
(2) The Department is
			 designated in Title 38 Chapter 3,
Code of Ala. 1975
,
			 as the State Agency to administer all programs made available to Alabama under
			 the Federal Older Americans Act of 1965, as amended. The Department shall
			 administer these programs in conformity with Title 45, Chapter 13, Code of
			 Federal Regulations and policy guidance issuances from the Administration on
			 Aging of the U.S. Department of Health and Human Services.
(3) Federal regulations governing grants for
			 State and Community Programs on Aging as published in the Federal Register, are
			 applicable to all recipients of grants and contracts funded by the Older
			 Americans Act, including the Department, area agencies and service providers.
			 These Alabama administrative rules are intended to complement and clarify
			 requirements, procedures and Departmental policies applicable to the Older
			 Americans Act Programs and Services. As such, the Department adopts by
			 reference all rules and regulations promulgated by the U.S. Administration on
			 Aging as it pertains to the Older Americans Act.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §
										38-3-8 (Act 2008-39), Older Americans Act of 1965, as amended (Public Law
				  109-365),  45 C.F.R. §1321  Subpart
				  B.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.04 - Policies And Procedures Manual Content And Format

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department shall follow applicable
			 rules and regulations of state agencies for programs administered by the
			 Department (e.g. Home and Community Based Services for the Elderly and Disabled
			 Waiver Program).
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-1 to
				  38-3-9 (Act 2008-39), Older Americans Act of 1965, as amended (Public Law
				  109-365),  45 C.F.R. §1321,
Code
				  of Ala. 1975
, §§
										41-22-1 to
				  41-22-27.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.05 - General Powers and Duties of Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department has authority and
			 responsibility to plan, develop and administer policy on programs for older
			 persons and to provide a visible focal point for advocacy, coordination,
			 priority setting, monitoring and evaluation of programs for older persons
			 within the State. This includes, but is not limited to, responsibilities and
			 requirements of the Older Americans Act of 1965 as amended.
(2) The Department is responsible for the
			 designation of the Area Agency on Aging for each PSA in accordance with Title
			 III, Section 305 (a)(E) of the Older Americans Act. If the Department initiates
			 an action or proceeding to revoke the designation of an area agency, designate
			 an additional planning and service area, divide the State into different
			 planning and service areas; or otherwise affect the boundaries of the planning
			 and service areas in the state, the affected parties may seek administrative
			 remedies as provided for under these Department rules and the Alabama
			 Administrative Procedure Act.
(3)
			 The Department will develop, promulgate and revise a uniform format for the
			 area agency's Area Plan.
(4) The
			 Department will monitor the administration of each Area Plan.
(5) The Department will coordinate the
			 development of programs and services of Titles III and VII of the Older
			 Americans Act and establish policy and minimum standards.
(6) The Department will coordinate the
			 administration of the SeniorRx Program.
(7) The Department will direct and administer
			 other human services related programs as required, including but not limited to
			 the State Health Insurance Assistance Program, the Senior Medicare Patrol
			 (SMP), and the Senior Employment Program.
(8) The Department will ensure that available
			 U.S. Department of Agriculture food, cash or a combination of food and cash is
			 made available to nutrition service providers funded for the nutrition services
			 program.
(9) The Department will
			 coordinate the development of legal services for older individuals of the
			 state.
(10) The Department shall
			 establish reporting requirements for all programs for the purpose of acquiring
			 programmatic and fiscal information for Federal and State data and
			 analysis.
(11) Agencies,
			 organizations and individuals affected by actions of the Department in carrying
			 out these duties may seek review in accordance with the Alabama Administrative
			 Procedures Act.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-1 to
				  38-3-9 (Act 2008-39),
				  41-22-1 to
				  41-22-27,
				  Older Americans Act of 1965, as amended (Public Law
				  109-365),  45 C.F.R.
				  §1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.06 - Requests For Information

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner is the designated agent for service of legal
				process. The Commissioner is the Secretary for purposes of the Alabama
				Administrative Procedure Act. Requests for information should be made to the
				Commissioner as follows:
Commissioner, Alabama Department of Senior Services
201 Monroe Street, Suite 350
Montgomery, Alabama 36130
Author:
Jean W. Brown, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-8,
				  41-22-6.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.07 - Public Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 "Public record" for the purpose of these rules means all department records
			 which are reasonably necessary to record the business and activities required
			 to be done or carried on by the department that the status and condition of
			 such business and activities can be known to the public. Records which do not
			 constitute "public records" include, but are not necessarily limited to, those
			 received by a public officer in confidence, sensitive personnel records,
			 applicant, client and patient records, complaints against persons deemed
			 licensees of the department, pending criminal and quasi-criminal investigations
			 and records, those matters entitled to statutory or common law privilege, and
			 records the disclosure of which would be detrimental to the best interests of
			 the public.
(2) Requests for
			 inspection or copies, official or unofficial, of specific public records must
			 be made in writing. Requested public records are available for inspection at
			 Department headquarters during the business hours of 8 a.m. until 4 p.m.,
			 Monday through Friday. The Commissioner shall approve the availability of the
			 requested records and, if approved, set an effective date that the records are
			 made available for inspection. Inspection of public records shall be made upon
			 such terms and conditions so as not to disrupt the orderly conduct of the
			 department's affairs.
(3) Any
			 person who desires to obtain copies of specific public records may forward a
			 written request to the Commissioner, and, subject to their availability, will
			 be supplied copies upon payment of the cost of copying, handling and postage,
			 which costs will be estimated and set from time to time in the discretion of
			 the Commissioner. Certified official copies of public records are available
			 upon receipt of payment. Unofficial copies of public records are available in
			 an electronic format. Electronic formats of public records are not considered
			 certified official copies of the Department.
(4) In-person inspection of requested public
			 records must be made within two weeks of the grant of the request or a new
			 written request must be submitted.
(5) The Department is not required to
			 disclose those types of information or documents that are exempt from
			 disclosure by a federal agency under the Federal Freedom of Information
			 Act.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-12-40 to 36-12-42,
				  41-22-4,
				  45 C.F.R.
				  1321.51.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.08 - Confidentiality And Disclosure of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this section, authorized
			 representative shall mean someone who has legal authority to act on behalf of
			 an individual. The legal authority must grant authority to make decisions about
			 health care.
(2) All client and
			 applicant information acquired by a service provider, the Department or an area
			 agency shall not be disclosed by the provider, the Department or the area
			 agency in any form that identifies the person without the authorization of the
			 client, applicant, or his or her designated authorized representative. Client
			 and applicant information shall only be used and released for purposes directly
			 related to the administration of Department programs. Use and release of
			 personal identifiable information shall conform to applicable state and federal
			 law and regulations.
(3) An
			 applicant, client, or authorized representative may, upon reasonable notice
			 received in writing and at a reasonable time during normal business hours,
			 review all of the applicant's or client's records maintained by the Department
			 relating to the grant, denial, or provision of services. A Department staff
			 member shall be present during any review. The Department shall make all
			 information in the case record available except:
(a) an applicant, client, or authorized
			 representative may review only his or her own records;
(b) when the Department believes medical,
			 psychological, or other information may be harmful to the individual, the
			 information may not be released to the individual, but shall be provided
			 through his or her authorized representative, a physician, or licensed or
			 certified psychologist; and
(c)
			 information obtained from another organization or agency may be released only
			 under the conditions established by the outside agency, organization, or
			 provider.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.09 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Commissioner may issue declaratory rulings to any person substantially affected
			 by a rule with respect to the validity of the rule, or with respect to the
			 applicability to any person, property, or state of facts of any rule or statute
			 enforceable by the Department, or with respect to the meaning and scope of any
			 order of the Department. Such rulings shall be issued provided:
(a) The petitioner shows that he/she is
			 substantially affected by the rule in question;
(b) Sufficient facts are supplied in the
			 written request to permit the Commissioner to make a valid determination;
			 and
(c) The request arises from an
			 actual question or controversy.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.10 - Petitions For Adoption, Repeal, Or Change Of Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may petition the Department
			 for the adoption of a new rule or for the repeal or change of any existing
			 rule.
(2) Action by the Department
			 on any such petition shall be as provided in the
Code of Ala.
			 1975
, §
								41-22-8.
(3) In order to be considered, a petition for
			 a rule change shall be in writing and contain the following minimum
			 information:
(a) A title reflecting that the
			 petition seeks the adoption of a new rule, or the modification or repeal of an
			 existing rule or rules.
(b) The
			 Petitioner's Name, Address, and Telephone Number.
(c) A statement identifying all rules or
			 statutes that may be involved should the relief sought in the petition be
			 granted in whole or in part.
(d) A
			 clear and concise statement or narrative as to why the new rule, or
			 modification or repeal of an existing rule is needed, specifying:
(i) the persons or class of persons it would
			 affect and how it would affect them;
(ii) the benefits and disadvantages of the
			 proposed rule, modification or repeal;
(iii) the estimated cost or cost savings to
			 the Department;
(iv) any other
			 reasons why the rule, modification, or repeal should be accepted by the
			 Department;
(v) the legal authority
			 for the proposed rule, modification or change;
(vi) the names and complete addresses of any
			 persons, firms, organizations, and the identity of any class of persons known
			 to the petitioner who would be or could be adversely affected by the proposed
			 rule, modification or repeal.
(e) The reason for submitting the petition,
			 if not apparent from the face of the petition.
(f) Full disclosure of the petitioner's
			 interest.
(g) A statement as to
			 whether the issues presented by the petition are presently under consideration
			 by the Department or by any judicial or quasi-judicial body in any pending
			 proceedings, and if so where.
(h) A
			 certification and signature of Petitioner before a notary public or other
			 person authorized by law to administer oaths that the information contained in
			 the petition is true and correct to the best of petitioner's information and
			 belief, and that the petition has not been filed for any improper purposes, or
			 for delay or harassment.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.11 - Evaluation of Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department shall monitor the administration of area plans. The Department shall
			 evaluate and monitor the performance of all Department grantees, subgrantees,
			 service providers and contractors to ensure that all projects receiving federal
			 and/or state funds operate effectively and in compliance with the conditions of
			 their grants, subgrants or contracts and within federal and state rules and
			 regulations.
(2) Criteria to be
			 used during formal evaluations or monitoring will be provided to area agencies
			 and Department grantees, subgrantees, service providers or contractors with a
			 minimum 10-day notice. It is the responsibility of the area agency to inform
			 their respective grantees, subgrantees, service providers or contractors of
			 such evaluation.
(3) Termination or
			 suspension of an area plan, withholding funds, or other punitive actions may be
			 taken by the Department if an area agency, grantee, service provider,
			 subgrantee or contractor fails to take action and correct problems specified by
			 the Department as a result of monitoring or evaluation findings.
(4) The Department retains the right to
			 conduct unannounced monitoring or evaluations to service sites or
			 programs.
(5) At least once every
			 two years, the Department will conduct an on-site performance evaluation or
			 monitoring with each area agency or Department grantee, subgrantee, service
			 provider or contractor. During interim years, the Department may conduct a
			 self-assessment review with each area agency or Department grantee, subgrantee,
			 service provider or contractor. Such evaluation, monitoring or self-assessment
			 will be carried out prior to the end of the fiscal year.
(6) In the event that the Department
			 discovers possible fraud, mismanagement, or program abuse during the course of
			 a performance evaluation, assessment or monitoring, the Commissioner of the
			 Department has the option to immediately suspend the program.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Older Americans Act of 1965
				  as amended (Public Law
				  109-365);  45 C.F.R. 1321,
Code of
				  Ala. 1975
, §§
										38-3-1 to
				  38-3-9.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.01 - Designation Of Area Agencies On Aging

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Area Agency on Aging will be
			 designated in each planning and service area as defined by Section 305 of the
			 Older Americans Act.
(2) Actual
			 designation occurs upon acceptance of the Area Agency's Area Plan and formal
			 execution of the associated contract.
(3) The designated area agency is responsible
			 for administration of Older Americans Act programs in its planning and service
			 area with guidance from the U.S. Administration on Aging and the
			 Department.
(4) The Department
			 shall withdraw an area agency's designation in accordance with Section
			 305(b)(5)(c) of the Older Americans Act as amended, whenever, after reasonable
			 notice and opportunity for a hearing, it is determined that:
(a) An area agency does not meet the
			 requirements of  45 CFR 1321 and Section 305 and Section 306  of the Older
			 Americans Act as amended; or
(b) An
			 area plan or area plan amendments is not approved by the Department;
			 or
(c) There is substantial failure
			 in provisions or administration of an approved area plan to comply with
			 provisions of the Older Americans Act of 1965, as amended, the applicable
			 federal regulations, state statute, or administrative rule.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.03 - Area Agency On Aging Functions And Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within the
			 planning and service area an area agency shall:
(a) Serve as an effective and visible
			 advocate and focal point for older persons of the planning and service area,
			 and
(b) Develop and administer the
			 area plan for a comprehensive and coordinated system of services for older
			 persons.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.04 - Service Providers Under An Area Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any public or private non-profit agency
			 or organization is eligible to receive a subgrant or contract for services
			 funded under the Older Americans Act. A regional or local agency of the State,
			 however, is not eligible to perform as a service provider. An area agency shall
			 not provide direct services unless the Department grants a waiver under Section
			 307(a)(8)(A) of the Older Americans Act and XX-X-2-.05. Any proposed contract
			 between an area agency and a profit making organization to provide services
			 under an Area Plan must receive approval from the Department prior to contract
			 execution.
(2) Any eligible agency
			 or organization desiring to apply for a contract under the Area Plan may
			 request an application from the area agency after a request for proposal(s) has
			 been issued. The area agency shall respond within ten working days and enclose
			 an application. The application will contain complete instructions, forms and
			 specific documentation requirements to be completed by an applicant. The area
			 agency shall utilize competitive bidding procedures in procurement contracts in
			 accordance with State and Federal regulations.
(a) Applicants may apply for funding based on
			 procedures established at the area agency.
(b) An applicant seeking Older Americans Act
			 funding for the purpose of acquisition, alteration, or renovation of existing
			 facilities, including mobile units, and construction of facilities to serve as
			 multipurpose senior centers, shall make requests to the area agency. The area
			 agency will render technical assistance concerning procedures and required
			 documentation.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.05 - Area Agency Direct Provision Of Services Under An Area Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(l) Area agencies
			 may apply for a waiver to provide direct services of Older American Act
			 programs. Any request for a waiver shall follow Older Americans Act of 1965
			 requirements. Applications for waivers shall be made in writing to the
			 Department Commissioner no less than 60 days prior to the first day of the
			 fiscal year for which the waiver is requested. If the Department Commissioner
			 does not approve the request for a waiver within 30 days from the date of the
			 request, such a request shall be deemed denied. If the Commissioner approves
			 such a request, the grant of a waiver shall be effective for one fiscal year
			 only.
(2) Requests for renewal of
			 a waiver to provide direct services of Older Americans Act programs shall be
			 made no less than 60 days prior to the termination of the waiver. If the
			 Commissioner does not approve the request for renewal of a waiver within 30
			 days from the date of the request, such a request shall be deemed denied. If
			 the Department Commissioner approves such a request, the grant of a renewal of
			 a waiver shall be effective for one fiscal year only. Any further requests for
			 renewals shall be made in accordance with XX-X-2-.05(1).
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-8 and
				  38-3-9 Older Americans Act of 1965 as amended (Public Law
				  109-365).
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.06 - Area Agencies On Aging (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P. L. 83-79;  45 C.F.R.,
				  Part 1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-2 - AREA AGENCIES ON AGING › Section 70-X-2-.07 - Social And Nutrition Service Providers (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P. L. 83-79;  45 C.F.R.,
				  Part 1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.01 - Procedural Safeguards And Notice for Older American Act Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
			 rules and minimum procedural safeguards shall govern the provision of services
			 for the following categories of programs under the Older Americans Act:
(a) Supportive services (with the exception
			 of the Legal Assistance Program)
(b) Congregate meals services
(3) Home delivered meals services
(d) In-home
			 services
(e) Ombudsman
			 services
(f) Special needs
			 services
(g) Elder abuse
			 services
(h) Preventive health
			 services
(i) Outreach services
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.02 - Procedural Safeguards And Notice For Department Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following rules and minimum
			 procedural safeguards shall govern the provision of services for Department
			 programs.
(2) The Department
			 requires service providers to follow these minimum procedures with regard to
			 notice:
(a) Notice of Proposed Action.
1. The service provider shall provide written
			 notice to clients of the services to be terminated or reduced.
2. The service provider shall provide written
			 notice to an applicant or client of a denial of eligibility or
			 services.
3. The notice shall
			 contain:
(i) the action(s);
(ii) the reason(s) for the action(s);
			 and
(iii) an explanation of the
			 right to request administrative review and formal hearing in the event the
			 applicant or client disagrees with the action(s).
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.03 - Duties Of The Commission (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.04 - Subcommittees Of The Commission (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.05 - Compensation Of Members (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.06 - Alabama Commission On Aging Staff (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.07 - Authorization To Receive Gifts (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.08 - Confidentiality And Disclosure Of Information (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.09 - Comments On Policies And Procedures (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.10 - Functions Of The State Agency (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.11 - Community-Based Long-Term Care (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.12 - Long-Term Care Ombudsman Program (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.13 - Legal Assistance (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.14 - Area Agency And Planning And Service Area Designation (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.15 - Organization Of The State Network (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.16 - State Plan Development (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.17 - Area Plan Approval (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-3 - NOTICE › Section 70-X-3-.18 - Performance And Fiscal Monitoring And Evaluation Of Grantees/Contractors (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.01 - Informal Administrative Review Of Area Agency On Aging Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A provider of
			 services for an Area Agency, client or applicant may apply for an informal
			 administrative review by the Department regarding an Area Agency decision only
			 after the Area Agency complaint process has been exhausted.
(2) Requests for informal hearings are
			 limited to an individual who has been denied care under an Area Agency program
			 due to eligibility standards, or a service provider that has been denied a
			 claim for services provided an Area Agency client or non-renewal or termination
			 of a contract. Other requests for informal hearings by the Department regarding
			 an action of an Area Agency shall be granted at the discretion of the
			 Department Commissioner.
(3) A
			 written request for an informal administrative review shall be filed with the
			 Department Commissioner within ten (10) calendar days of the date of receipt of
			 the final decision of the Area Agency.
(4) Within ten (10) calendar days of receipt
			 of the request the Department Commissioner shall appoint two staff members who
			 have not been directly involved with the petitioning party to serve as a review
			 team, and shall notify the petitioning party by first class mail of the time
			 and place for the review.
(5) The
			 review team shall consider all the records of the Department concerning the
			 petitioning party's complaint, any other pertinent documents or information,
			 and any writings, documents or oral communication presented to it by the
			 petitioning party.
(6) The review
			 team shall conduct the informal review as expeditiously as possible, but in no
			 event more than thirty (30) days after receipt of the request by the
			 Department, unless extended by agreement or for good cause shown.
(7) The review team shall issue a written
			 decision within fifteen (15) calendar days of the date of completion of the
			 review. The decision of the informal administrative review shall be
			 communicated to the petitioning party in the same manner as a notice of
			 proposed action as outlined in Administrative Code Rule
			 70-X-3-.01.
(8) The informal administrative review
			 decision shall be made a part of the petitioning party's record.
Author:
Irene B. Collins, Commissioner
Statutory Authority
:
Code of Ala.
				  1975
, §§
										38-3-8 through
				  38-3-9;
				  41-22-12;
				  Older Americans Act of 1965, as amended (Public Law
				  109-365);  45 C.F.R.
				  §1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.02 - Informal Administrative Review By Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever possible, the Department shall
			 attempt to resolve a complaint informally if it is likely to result in a timely
			 resolution of the matter.
(2) A
			 written request for an informal administrative review shall be filed with the
			 Department Commissioner within ten (10) calendar days of the date of receipt of
			 the issuance of the notice of action from the Department as specified in
			 Administrative Code Rule
			 70-X-3-.02.
			 Requests for informal reviews are limited to contested cases by individuals who
			 have been denied care for direct services provided under a Department program
			 due to eligibility standards, or a direct service provider of the Department
			 that has been denied a claim for services provided a Department client or
			 non-renewal or termination of a contract. Other requests for informal hearings
			 on an action of the Department shall be granted at the discretion of the
			 Department Commissioner.
(3) Within
			 ten (10) calendar days of receipt of the request the Department Commissioner
			 shall appoint two staff members who have not been directly involved with the
			 petitioning party to serve as a review team, and shall notify the applicant or
			 client by first class mail of the time and place for the review.
(4) The review team shall consider all the
			 records of the Department concerning the petitioning party's complaint, any
			 other pertinent documents or information, and any writings, documents or oral
			 communication presented to it by the party.
(5) The review team shall conduct the
			 informal review as expeditiously as possible, but in no event more than thirty
			 (30) days after receipt of the request by the Department, unless extended by
			 agreement or for good cause shown.
(6) The review team shall issue a written
			 decision within fifteen (15) calendar days of the date of completion of the
			 review. The decision of the informal administrative review shall be
			 communicated to the petitioning party in the same manner as a notice of
			 proposed action as outlined in Administrative Code Rule XX-X-3-.02.
(7) The informal administrative review
			 decision shall be made a part of the petitioning party's record.
Author:
Irene B. Collins, Commissioner
Statutory Authority
:
Code
of Ala. 1975
,
				  §§
										38-3-8 through
				  38-3-9;
§
										41-22-12;
				  Older Americans Act of 1965, as amended (Public Law
				  109-365);  45 C.F.R.
				  §1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.03 - Functions Of An Area Agency (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.04 - Advocacy (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.05 - Needs Assessment (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321
.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.06 - Priority Setting (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.07 - Program Design (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.08 - Subgrant/Contract Development (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.09 - Monitoring And Evaluation Of Service Providers (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.10 - Financial Resource Development (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.11 - Coordination Of Programs On Aging (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.12 - Advisory Council (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.13 - Capacity Building, Training And Technical Assistance (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.14 - Program Administration (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.15 - Matching And Percentage Requirements (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.16 - Direct Provision Of Services By An Area Agency On Aging (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-4 - ADMINISTRATIVE REVIEW › Section 70-X-4-.17 - Policies And Procedures (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Oscar D. Tucker
Statutory Authority:
P.L. 83-79 ; 45 C.F.R., Part
				  1321.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-5 - FORMAL HEARINGS › Section 70-X-5-.01 - Request For Formal Hearing And Appointment Of Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a
			 complainant is dissatisfied with the decision of an informal, administrative
			 review hearing, or if an applicant, client or direct service provider chooses
			 to forego their right to request an informal administrative review, he or she
			 may request a formal hearing by submitting a written request for a hearing
			 addressed to the Commissioner of the Department. Requests for formal hearings
			 shall be limited to actions of the Department which are claimed to be:
(a) in violation of constitutional or
			 statutory provisions;
(b) in excess
			 of the statutory authority of the Department;
(c) in violation of a Department
			 rule;
(d) made upon unlawful
			 procedure;
(e) affected by other
			 error of law; or
(f) unreasonable,
			 arbitrary or capricious or characterized by an abuse of discretion or
			 unwarranted exercise of discretion.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-5 - FORMAL HEARINGS › Section 70-X-5-.02 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Notification of a formal hearing shall include, at a
				minimum:
(1) The time, date and place
			 of the hearing;
(2) The statement
			 of the legal authority and jurisdiction under which the hearing is to be
			 held;
(3) A short and plain
			 statement as to the matters asserted.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-8 through
				  38-3-9;
				  41-22-12.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-5 - FORMAL HEARINGS › Section 70-X-5-.03 - Conduct Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 the conduct of a hearing, a hearing officer shall have the following authority:
(a) establish a date, time and place for the
			 hearing;
(b) maintain
			 order;
(c) make a record of the
			 proceedings;
(d) establish
			 reasonable time limits for the conduct of the proceedings;
(e) rule on the admissibility of
			 evidence;
(f) hold a prehearing
			 conference, if necessary, to clarify the matters in dispute; establish the
			 order of presentation; allow and establish time limits for the exchange of
			 exhibits and names of witnesses;
(g) issue subpoenas, discovery orders related
			 to relevant matters, and protective orders in accordance with the Alabama Rules
			 of Civil Procedure, subject to the reasonable costs of issuance of the
			 subpoenas as may be set from time to time by the Commissioner; and
(h) enter any order on any other matter which
			 will effectuate the conduct of the hearing.