1. (a)

   1. (1) Area agencies on aging shall obtain the information necessary for proper determination of eligibility for each individual.

   2. (2)

      1. (A) Documentation of the initial eligibility determination, re-eligibility determination, and continued eligibility determination should be kept in each participant’s file, i.e., copies of proof of age and proof of residence, etc.
      2. (B) The information shall be obtained:

2. (i) Primarily through personal interviews and shall be recorded on an intake or application form; and

   1. (ii) In the beginning phase of the orientation and assessment to the program.

   2. (3)

      1. (A) The information shall be verified by the dated signature of the individual on the intake or application form.
      2. (B) Area agencies on aging are responsible for ensuring that the required personal information reported by individuals appears reasonably reliable and consistent.

3. (b)

   1. (1) Each determination of eligibility shall be recorded on the area agency on aging’s intake or application form.

   2. (2) The participant’s name and the name, title, and signature of the area agency on aging official who made the determination and the grounds for any unfavorable determination shall also be noted.

      1. (c)
   3. (1) Each area agency on aging shall recertify the proof of residence of each participant at least once during each SFY.
   4. (2) A participant found to be ineligible for continued participation in the program because of residency shall be given immediate written notification that their participation in the program will be terminated thirty (30) days after the notice.

   5. (3) Area agencies on aging shall be responsible for ensuring that ineligible participants are terminated at the end of the thirty-day period.

      1. (d) If at any time an area agency on aging discovers that an individual was incorrectly determined to be eligible as a direct result of false information provided by that individual, the individual’s participation shall be terminated immediately and the participant shall be notified in writing.

4. (e)

   1. (1) If at any time an area agency on aging determines that an individual was incorrectly determined to be eligible through no fault of the individual, the area agency on aging shall give the participant immediate written notice that their participation will be terminated thirty (30) days after the notice.
   2. (2) The area agencies on aging shall be responsible for ensuring that ineligible participants are terminated at the end of the thirty-day period.

5. (f)

   1. (1) When an area agency on aging makes an unfavorable determination on eligibility or continued eligibility, the area agency on aging shall explain, in writing, to the applicant or participant the reason or reasons for the determination.
   2. (2) The area agency on aging shall inform each individual affected by an unfavorable determination that the determination may be appealed pursuant to the area agency on aging’s appeals process.
6. (g) When an area agency on aging makes a determination of ineligibility pursuant to subsections (c) and (e) of this section, the area agency on aging should ensure that, to the extent feasible, the individual is referred to other sources of assistance, such as potential employment training programs or other agencies which may be capable of assisting the individual.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “11-1-16” "SFY" means state fiscal year.