Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part II - Area Agencies on Aging › Section 22VAC30-60-60 - Termination of the designation of an Area Agency on Aging

Current through Register Vol. 40, No. 24, July 15, 2024
A. The contractual designation of an
				  incumbent Area Agency on Aging will be renewed annually contingent upon
				  approval of and performance on the Area Plan for Aging Services.
B. The contractual designation of an Area
				  Agency on Aging will be withdrawn by the Commissioner of the Virginia
				  Department for Aging and Rehabilitative Services for any of the following:
1. Upon a written request by the Area Agency
				  on Aging that the commissioner terminate its contractual designation.
2. Upon a request by formal resolution of all
				  the city councils and county boards of supervisors within the planning and
				  service area of the Area Agency on Aging that the commissioner designate and
				  contract with another Area Agency on Aging, whose area plan is
				  approved.
3. Upon a finding by the
				  Virginia Department for Aging and Rehabilitative Services, after reasonable
				  notice and opportunity for a hearing, pursuant to
				  45 CFR
				  1321.35, that:
a. An area plan or plan amendment is not
				  approved.
b. An area agency does
				  not meet the requirements of the Older Americans Act, as amended; the federal
				  regulations to implement the Older Americans Act, as amended; the Code of
				  Virginia; or the policies and regulations of the Department for Aging and
				  Rehabilitative Services.
c. There
				  is substantial failure in the provisions or administration of an approved area
				  plan to comply with one or more of the provisions of the Older Americans Act,
				  as amended; the federal regulations to implement the Older Americans Act as
				  amended; the Code of Virginia; regulations of the Department for Aging and
				  Rehabilitative Services; licensing requirements of the Commonwealth of
				  Virginia; and local ordinances.
d.
				  The activities of the Area Agency on Aging are inconsistent with the statutory
				  mission in the Older Americans Act, as amended, and its implementing
				  regulations.
4. Upon
				  reasonable application of the terms and conditions stated in the contract.
				  Contractual obligations, failure of fulfillment of which shall lead to
				  termination of the contract include the following:
a. Failure to correct deficiencies disclosed
				  in an audit report from an audit conducted as required by the Department for
				  Aging and Rehabilitative Services pursuant to
				  22VAC30-60-450;
b. Failure to report promptly to the Virginia
				  Department for Aging and Rehabilitative Services and to the appropriate
				  law-enforcement officials any theft, embezzlement, or unlawful use of funds
				  received from the Department for Aging and Rehabilitative Services;
c. Failure to submit reports that meet the
				  requirements (including due dates) established by the Virginia Department for
				  Aging and Rehabilitative Services; and
d. Deliberate falsification of information in
				  such reports.
5. Upon a
				  decision pursuant to
				  22VAC30-60-50
				  creating a new Area Agency on Aging or new planning and service area, to the
				  extent that such a decision makes performance on the existing contract
				  impossible.