Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 10 - Policies and Procedures Manual for Title Iii of the Older Americans Act of 1965, as Amended › Part 9 - FISCAL AND ADMINISTRATIVE POLICIES FOR AREA AGENCIES ON AGING AND TITLE III PROJECTS › Section 340:105-10-102 - Appeal procedures for Title III service providers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Policy.
The Area Agency on
				  Aging (AAA) grants an appeal opportunity to existing or potential grantee or
				  contractor when an application for Older Americans Act funds is denied or when
				  a grant or contract is suspended or terminated prior to the approved budget
				  year-end.
(b)
Authority.
The authority for this Section is Part 1321.11 of the
				  Code of Federal Regulations.
(c)
Procedures.
The requirements for implementing this Section are
				  outlined in this subsection.
(1) Within 30
				  days of the complainant's receipt of notice of the adverse action, the
				  complainant submits a written request for hearing to the AAA board of
				  directors. The written request includes a detailed explanation of the
				  complainant's grievance.
(2) The
				  AAA:
(A) schedules a hearing within 20 days
				  of the AAA receipt of the request for the hearing and notifies the complainant
				  of the date, time, and location of the hearing; and
(B) prepares written testimony for the
				  hearing outlining the appealed action and the data on which it is based. Eight
				  calendar days prior to the hearing a copy of this written testimony is provided
				  to the complainant and submitted during the hearing as evidence.
(3) board of directors, or a
				  committee appointed by the board of directors, conducts the hearing within 30
				  days of the AAA receipt of the complainant's request. The hearing includes:
(A) an opportunity for the complainant to:
(i) review all pertinent evidence relating to
				  the appealed action;
(ii) present
				  written and verbal testimony;
(iii)
				  be represented by counsel;
(iv)
				  present witnesses and documentary evidence; and
(v) cross-examine witnesses;
(B) a presiding officer appointed
				  by the board of directors who conducts the hearing and has had no part in the
				  appealed action; and
(C) a record
				  of the hearing proceedings, taken by the presiding officer appointed by the
				  board of directors, and maintained on file for public viewing.
(4) Within 60 days of the
				  completion of the hearing the AAA board of directors issues a written hearing
				  decision to the complainant.
(A) The decision
				  letter includes:
(i) a notice of the
				  complainant's right to appeal the decision to the Aging Services Division
				  (ASD); and
(ii) instructions on how
				  to initiate the appeal.
(B) Within 30 days after the complainant
				  receives notice of an adverse AAA decision the complainant submits a written
				  request for a hearing to ASD.
(5) When the appeal process is not resolved
				  prior to the start of the new project year, the AAA, through its board of
				  directors, may enter into a temporary grant with a service provider to avoid
				  cessation of those services affected by the appeal.