Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-IX - Attachments › Attachment 18-2-1-IX-B - De-designation Procedure

Current through June 25, 2024
DUE PROCESS PROCEDURES FOR THE INITIATION OF
					 ADVERSE ACTIONS AFFECTING AN AREA AGENCY ON AGING OR PLANNING AND SERVICE
					 AREA
A. The designation of an Area Agency on Aging (AAA) may be
					 withdrawn pursuant to the authority granted unto the Executive Director of the
					 Mississippi Department of Human Services (MDHS) by the Mississippi Constitution
					 and the Mississippi Legislature as set forth in Miss. Code Ann. §
										43-1-1
					 et seq (1972, as amended) and, more specifically, by the authority granted unto
					 the Director of the MDHS Division of Aging and Adult Services (DAAS), acting as
					 the Director of the State Unit on Aging (SUA), by the Older Americans Act of
					 1965 (as amended in 2006) (
					 Public Law
					 109-356 ), 42 USC § 3025(b)(5)(C) and 45 CFR
					 § 1321.
B. The revocation of the designation of a AAA is referenced
					 in the Older Americans Act of 1965 (as amended in 2006) (
					 Public Law
					 109-356 ), 42 USC § 3025(b)(5)(C) and 45 CFR
					 § 1321.35. MDHS due process is also referenced in the Mississippi
					 Administrative Procedures Law, Miss. Code Ann. § 25-43-1 et seq (1972, as
					 amended), in MDHS Administrative Policy AP-18 and in the MDHS Subgrantee
					 Manual.
C. In accordance with 45 CFR § 1321.35(a), in carrying
					 out §305 of Title III Part A of the Older Americans Act, the State agency
					 shall withdraw the area agency designation whenever it, after reasonable notice
					 and opportunity for a hearing, finds that:
1. An area agency does not meet the requirements of this
					 part;
2. An area plan or plan amendment is not approved;
3. There is substantial failure in the provisions or
					 administration of an approved area plan to comply with any provision of the Act
					 or of this part or policies and procedures established and published by the
					 State agency on aging (SUA); or
4. Activities of the area agency are inconsistent with the
					 statutory mission prescribed in the Act or in conflict with the requirement of
					 the Act that it function only as an area agency on aging.
D. In accordance with the Older Americans Act of 1965 (as
					 amended in 2006) ( Public
					 Law 109-356 ) §307(a)(5), §306(e) and
					 §305(b)(5)(C), the SUA shall provide an opportunity for a hearing:
1. To a AAA when the SUA disapproves the Area Plan or Plan
					 Amendment submitted by a AAA;
2. To a AAA when the SUA proposes to withhold all or part
					 of a AAA's funds for failure to comply with federal or state laws, or with Area
					 Plan requirements, or with Subgrantee Agreement conditions;
3. To any applicant when the SUA denies their application
					 for designation as a Planning and Service Area or as a AAA, or when notice is
					 given of the SUA's intention to withdraw the designation of a AAA; or
4. When the SUA designates a new planning and service area
					 or otherwise affects the boundaries of a Planning and Service Area.
E.
DUE PROCESS PROCEDURES START
					 HERE.
These due process procedures pertain specifically to the
					 initiation of de-designation proceedings against a AAA, but these same
					 procedures are to be used for any adverse action affecting a AAA or Planning
					 and Service Area.
When the conditions exist that warrant the initiation of
					 action to withdraw the designation of a AAA, the MDHS, SUA and AAA will take
					 the following steps:
1. The MDHS Executive Director will issue an Executive
					 Order for the Initiation of Action to Withdraw the Designation of the AAA to
					 the SUA Director.
2. The SUA will provide a plan to the Administration on
					 Aging for the continuity of area agency functions and services in the affected
					 Planning and Service Area and designate a new AAA in the Planning and Service
					 Area in a timely manner. This may also involve dividing the affected Planning
					 and Service Area among existing area agencies in order to provide the requisite
					 continuity of services.
3. The SUA Director will deliver to the AAA Director a
					 Notice of Initiation of Action to Withdraw the Designation of the AAA. This SUA
					 Director's notification letter will act as the official notice that the
					 initiation of action to withdraw the designation of the AAA has begun; it will
					 outline and document the need for these actions and reasons for the withdrawal
					 of their designation; it will inform the AAA of its right to have a public
					 hearing on this matter; it will explain that area agencies on aging, service
					 providers and concerned older individuals from the Planning and Service Area
					 are welcome to participate in the process; and it will inform the AAA of its
					 right to appeal the final decision of the MDHS Executive Director to the
					 Assistant Secretary for Aging of the Administration on Aging (see the Older
					 Americans Act of 1965 (as amended in 2006) (
					 Public Law
					 109-356 ), Title III, Part A,
					 §305(b)(5)(C)(i)(I), 42 USC § 3025(b)(5)(C) and 45 CFR § 1321.35
					 ). The SUA Director will deliver this Notice of Initiation of Action to
					 Withdraw the Designation of the AAA and a copy of these Due Process Procedures
					 to the AAA Director.
4. If an emergency shutdown of all AAA functions is
					 required, the affected AAA shall voluntarily deliver, or in the alternative,
					 the SUA will confiscate without the need for a subpoena or proper judicial
					 order, any and all pertinent electronic and hardcopy data, files, information,
					 documents, manuals, records, reports, correspondence and any and all other
					 property that belong to MDHS and the SUA from all of the AAA offices and
					 satellite offices. These items include any and all products from the AAA that
					 were created in the process of conducting the business, projects and programs
					 of acting as a AAA, whether directly or indirectly financed by or through MDHS
					 or the SUA, regardless of the funding sources.
5. The AAA Director must respond to the SUA Director, in
					 writing, within 15 days from the date of receipt of a copy of the SUA
					 Director's Notice of Initiation of Action to Withdraw the Designation of the
					 AAA (from step 3) and the Due Process Procedures. In this response, the AAA
					 must declare their intentions whether they will concur, nonconcur, contest,
					 challenge and/or rebut the SUA Director's decision to initiate action to
					 withdraw their designation as the AAA in the Planning and Service Area in
					 question. In this letter, the AAA Director must inform the SUA of whether or
					 not the AAA requests a public hearing on this matter. If the AAA Director does
					 not respond by the end of the allotted 15-day time period or declines the
					 opportunity for a public hearing, go to step 7.
6. If a public hearing is requested by the AAA Director,
					 the SUA Director will inform the AAA Director, in writing, at least 10 days
					 before the date of the public hearing, of the specific date, time, location and
					 other relevant facts concerning the public hearing, as well as place a notice
					 in the Clarion Ledger, a newspaper with statewide coverage, at least 10 days
					 before the date of the public hearing.
7. Within 10 days after the public hearing; or within 10
					 days after receiving notice that the AAA Director has declined the opportunity
					 of having a public hearing; or if the AAA Director fails to respond to the SUA
					 Director's notification letter by the end of the allotted 15-day response time
					 period, the SUA Director will inform the MDHS Executive Director and the AAA
					 Director within 10 days, in writing, of his final findings, opinions and
					 decision concerning the withdrawal of the AAA's designation.
8. Within 10 days after receipt of the SUA Director's final
					 decision letter (from step 7), the MDHS Executive Director, after examining all
					 of the relevant facts and evidence, will issue in writing, to the SUA Director
					 and the AAA Director, the MDHS Executive Director's Notice of Final Decision
					 concerning the withdrawal of the AAA's designation. This formal Notice of Final
					 Decision from the MDHS Executive Director is considered to be the MDHS/SUA
					 final ruling on this matter in the state of Mississippi.
9. If the AAA Director does not concur with the conclusion,
					 stated in the MDHS/SUA Notice of Final Decision, to withdraw their designation
					 as the AAA in the Planning and Service Area in question, they have a right to
					 appeal to the Assistant Secretary for Aging of the Administration on Aging (see
					 the Older Americans Act of 1965 (as amended in 2006) (
					 Public Law
					 109-356 ), Title III, Part A,
					 §305(b)(5)(C)(i)(I), 42 USC § 3025(b)(5)(C) and 45 CFR § 1321.35
					 ).
10. The Assistant Secretary for Aging may affirm or set
					 aside the decision of the State agency. If the Secretary sets aside the
					 decision, and the State agency has taken adverse actions against the AAA, the
					 State agency shall reverse and nullify those actions. If the Secretary affirms
					 the MDHS/SUA decision, the actions of the withdrawal of designation proceedings
					 stand as the unconditional final administrative action.
DUE PROCESS PROCEDURES END
					 HERE
F. The same due process procedures, that are outlined in
					 paragraph E above, will be followed when MDHS or the SUA initiates any adverse
					 actions affecting a AAA or Planning and Service Area (see paragraph D above),
					 such as withholding funding from a AAA or when adding or effecting changes to
					 the boundaries of Planning and Service Areas.