PURPOSE: This rule describes the process used to designate an Area Agency on Aging, what types of agencies may be eligible and the criteria used by the division for designation.

1. (1) No more than one (1) area agency will be designated within a planning and service area (PSA). If the division withdraws designation of one (1) of the existing area agencies in accordance with section 660.050.4, RSMo prior to designating a new area agency, the division shall—

   1. (A) Consider the views of the unit(s) of general purpose government within the PSA; and
   2. (B) Determine through an on-site assessment that the potential area agency has the capacity to perform all of the required functions.

2. (2) Any one (1) of the following types of agencies may be designated as an area agency for a PSA:

   1. (A) Any office or agency representing a unit of general purpose local government that is proposed by the chief elected official of the unit;
   2. (B) Any office or agency proposed by the chief elected officials representing a combination of units of general purpose local government; or
   3. (C) Any other public or private nonprofit agency, except any regional or local agency of the state.

3. (3) Whenever a new Area Agency on Aging is designated after the date of enactment of the Older Americans Act amendments of 1984, the division will give the right of first refusal to a unit of general purpose local government if—

   1. (A) The unit can meet the requirements of subsection (4)(C); and
   2. (B) The boundaries of that unit and the boundaries of the area are reasonably contiguous.

4. (4) The division considers applicants eligible for designation as an area agency that meet the following criteria:

   1. (A) The applicant has prepared and submitted to the division a comprehensive area plan. The area plan shall be completed in accordance with the uniform plan format developed by the division;
   2. (B) If the applicant has responsibilities beyond programs for the elderly, it shall agree to create a single organizational unit with delegated authority whose principal function shall be the effective development and implementation of an area plan;
   3. (C) The applicant has demonstrated the capacity to assess the needs of the elderly and to plan, administer, monitor and evaluate services for the entire PSA. The applicant shall be able to work effectively with all public and private social, economic, ethnic, political and geographic elements of the PSA it seeks to serve;
   4. (D) The applicant has documented support of local governments and any local aging councils. The applicant, if a private not-for-profit agency, has documented that it is incorporated by the Missouri secretary of state and maintains a current certificate of good standing; and
   5. (E) The applicant, if a private not-for-profit agency, has documented that it has applied to the Internal Revenue Service and received the appropriate tax status designation.

AUTHORITY: section 660.050, RSMo 1986.* This rule was previously filed as 13 CSR 15-6.045 and 13 CSR 15-4.070. Original rule filed Jan. 6, 1986, effective April 30, 1986. Moved to 19 CSR 15-4.070, effective Aug. 28, 2001.

*Original authority: 660.050, RSMo 1984, amended 1988. 19 CSR 15-4