1. (a) Each AAA shall identify the minimum percentages of applicable Title III B funds that it intends for annual expenditure throughout the four year plan period for each of the following service categories:

   1. (1) Access, which shall include information and assistance, as defined in 42 U.S.C. 3002(31), transportation, outreach and case management, as defined in 42 U.S.C. 3002(22).
   2. (2) In-home services as specified in 42 U.S.C. 3026(a)(2)(B).
   3. (3) Legal assistance, as defined in 42 U.S.C. 3002(33).
2. (b) Applicable Title III B funds shall be determined by subtracting the AAA's allocations for both the administration of the Area Plan and the Ombudsman program from the AAA's total Title III B allocation.

3. (c) Each AAA may adopt any methodology of its choosing for the identification of its minimum percentages, providing the methodology takes into consideration both of the following:

   1. (1) The AAA's needs assessment findings.
   2. (2) Any discussions that occurred at the public hearing on the Area Plan.

4. (d) An AAA, at its own option, may revise its minimum percentages at any time during the Area Plan cycle, but no later than the submission of the AAA's final fiscal year budget revision, if necessary to adjust the minimum percentages to resources available or revised need for the service(s). In such instances, if the level is to be reduced, the AAA shall:

   1. (1) Notify the public in the PSA of the change in the planned revision. Such notification may be through public hearing(s), publication of the change in the planned revision in newspapers, or other methods that will assure that service providers and older individuals are informed of the revision.
   2. (2) Submit to the Department a revised budget, service unit plan, a statement of the rationale for the revision and a description of the method of public notification.
5. (e) The Department shall monitor the AAAs to ensure that their adequate proportion obligations are met.

6. (f) If an AAA determines that the need for one of the services specified in (a)(1) through (3) is fully met without the need to expend Title III B funds, the AAA shall request a waiver from the Department in accordance with the following:

   1. (1) Schedule and conduct a public hearing following the procedures specified in Section 7308.

   2. (2) Transmit to the Department a written waiver request that includes all of the following:

      1. (A) A record of the public hearing specified in (1).
      2. (B) Documentation that the services being furnished are sufficient to meet the needs of older individuals residing in the PSA.

7. (g) Within 10 days of receipt of a waiver request, the Department shall review the request to determine if adequate documentation is present to verify that sufficient services are available to meet the needs of older individuals residing in the PSA. If adequate documentation is:

   1. (1) Not present, the Department shall send written notification to the AAA of both of the following:

      1. (A) The waiver is denied, along with the reasons for the denial.
      2. (B) The AAA must continue to meet its adequate proportion obligations and that failure to do so will result in sanctions being applied.

   2. (2) Present, the Department shall publish notice of its intention to grant the waiver in the local newspaper with the largest circulation within the PSA at least 30 days prior to granting the waiver. The notice shall include all of the following:

      1. (A) The justification for proposing to grant the waiver.
      2. (B) The proposed date for granting the waiver.
      3. (C) That an individual or service provider within the PSA has the right to request a hearing regarding the proposed waiver, providing the request is made in writing and before the date specified in (B).

8. (h) If a hearing request pursuant to (g)(2)(C) is:

   1. (1) Not requested, the Department shall grant the waiver on the date specified in (g)(2)(B).

   2. (2) Is requested, the Department shall:

      1. (A) Within seven working days of receipt of the request, schedule a meeting with the requestor(s) at a time and place that is convenient to both the Department and the requestor(s) to hear the requestor(s) arguments against the waiver.
      2. (B) If necessary, stay the date specified in (g)(2)(B) until the Department has had sufficient time to hear the arguments and take them into consideration in making its final decision. If the Department, as a result of the hearing, decides not to grant the waiver, the provisions specified in (g)(1)(A) and (B) shall apply.

Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 42 U.S.C. 3026(a)(2).

History

1. New section filed 12-19-96; operative 1-18-97 (Register 96, No. 51).

2. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).