PURPOSE: This rule allows the area agency to request a waiver from meeting specific requirements and sets forth procedures to be followed.

1. (1) An area agency shall request a waiver if unable to comply with a specific division requirement. The request shall be in writing, shall be signed by the chairperson of the governing body, shall state the requirement for which a waiver is requested and shall include supportive documentation that explains why the requirement cannot be met, a description of the area agency’s proposed alternative for meeting the requirement and an explanation of why the proposed alternative is most applicable for the area agency’s situation.

2. (2) Public Hearing for Waivers for Priority Services.

   1. (A) Prior to submitting a waiver request for a priority service, the area agency shall conduct, at a minimum, one (1) public hearing on the content of a proposed waiver. The hearing shall be scheduled at a convenient time and location to ensure maximum attendance by interested parties, representatives of the governing body and advisory council to the area agency, public officials and elderly persons. 13 CSR 15-4
   2. (B) Notice of the public hearing shall be publicized through widely circulated newspapers and other public media at least twenty

3. (20) calendar days before the date of the hearing. The notice shall be published in English and other languages as appropriate to the geographic area or to the target population to be served.

   1. (C) In addition, notice of the public hearing shall be provided to service providers, organizations of the elderly, public officials and other public and private agencies in the planning and service area.

   2. (D) Records of the public hearings held shall be on file at the area agency office and shall be submitted to the division with the waiver request. The records shall include the following:

      1. 1. Documentation of public notice;
      2. 2. List of names of persons attending the

hearing and organizations represented; and

1. 3. Written summary of all comments

received, including if and how comments were incorporated.

1. (3) A waiver may be approved for a maximum period of one (1) year. All waivers expire at the end of the state fiscal year and a new waiver request must be submitted at that time.
2. (4) A waiver request may only be submitted with the area plan or area plan amendments.

AUTHORITY: section 660.050, RSMo 1986.* This rule was previously filed as 13 CSR 15-6.100. Original rule filed Jan. 6, 1986, effective April 30, 1986. *Original authority 1984, amended 1988.