Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter F - Hearing Procedures › Section VII-1265 - General Hearing Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose. The Governor's Office of Elderly Affairs (GOEA) shall provide the
				  opportunity for a hearing, on request, to area agencies on aging submitting
				  plans under Title III of the Older Americans Act, to any provider of a service
				  under such a plan, or to any applicant to provide a service under such a plan;
				  and to any unit of general purpose local government, region within the state
				  recognized for area wide planning, metropolitan area, or Indian reservation
				  that applies for designation as a planning and service area when GOEA initiates
				  certain types of action or proceedings. This Section specifies the timing and
				  procedures for the hearings.
B.
				  Definitions
Act
-the Older Americans Act
					 (42 United States Code
					 Section 3001 et seq.).
Administration on Aging
-an agency of the
					 U.S. Department of Health and Human Services, Office of Human Development
					 Services. It is the Federal focal point and advocate for older persons and
					 their concerns.
Area Agency on Aging
-the agency
					 designated by the Governor's Office of Elderly Affairs in a planning and
					 service area to develop and administer the area plan for a comprehensive and
					 coordinated system of services for older persons.
Area Plan
-the document submitted by an
					 area agency to the Governor's Office of Elderly Affairs in order to receive
					 contracts from the Governor's Office of Elderly Affairs.
Assistant Secretary for Aging
-the head of
					 the Administration on Aging.
Contract
-an award of financial assistance
					 by the Governor's Office of Elderly Affairs to an eligible recipient.
Director
-the director of the Governor's
					 Office of Elderly Affairs.
Governor's Office of Elderly Affairs
-the
					 single state agency designated to develop and administer the state plan and be
					 the focal point on aging in the state of Louisiana.
Hearing Examiner
-an impartial person
					 designated to preside at the hearing and render a proposed final
					 decision.
Interested Person
-any person who has a
					 justifiable and clearly identifiable interest in the decision being
					 appealed.
Party
-any petitioner or the area agency
					 or the Governor's Office of Elderly Affairs which proposed or decided the
					 action being appealed.
Person
-an individual, partnership,
					 corporation, association, governmental agency or subdivision, or public or
					 private organization of any character.
Petitioner
-any person who has a right to
					 a hearing under these rules and has filed a written request for a
					 hearing.
Planning and Service Area
-a geographic
					 area of the state that is designated by the state agency for the purpose of
					 planning, development, delivery, and overall administration of services under
					 an area plan.
Service Provider
-an entity that is
					 awarded a subcontract from an area agency to provide services under the area
					 plan.
State Agency
-the single state agency
					 designated to develop and administer the state plan and to be the focal point
					 on aging in the state.
C.
				  General Procedures for Hearing
1. Decisions
				  Unresolved on Effective Date of These Rules. These rules shall be applicable to
				  all cases involving actions in which the petitioner has filed a request for
				  hearing within 30 days of the receipt of the notice of such action, and a
				  hearing has not yet been held or informal disposition or arrangements made as
				  specified in
				  §1265.
				  C 4
2. Computation of Time. In computing any
				  record of time prescribed by these rules, or by any applicable statute, the
				  period shall begin on the day after the event or act cited in the rule or
				  statute and conclude on the last day of the computed period, unless the last
				  day be a Saturday, Sunday, or a legal holiday, in which case the period
				  concludes on the next day which is neither a Saturday, Sunday, nor a legal
				  holiday.
3. Representation of
				  Petitioner. Any party may be assisted by an attorney at law authorized to
				  practice law before the Supreme Court of the State of Louisiana. Any party may
				  appear personally or be represented by an employee or officer, or other person
				  authorized by the party to represent the party.
4. Informal Disposition. Informal disposition
				  or arrangements may be made of any matters under these rules by written
				  agreement between petitioner and the area agency or the Governor's Office of
				  Elderly Affairs proposing or deciding the action that resolves the issue(s)
				  that led to the hearing.