1. (1) In carrying out provisions of the Older Americans Act and ORS 410.100, the Division must withdraw the agency designation whenever it, after reasonable notice and opportunity for an Administrative Review and efforts at problem resolution have been exhausted, finds that:

   1. (a) An area agency does not meet the requirements of 45 CFR 1321; or
   2. (b) There is evidence of non-compliance with provisions of the Area Plan contract.

2. (2) If the Division withdraws an Area Agency’s designation under section (1) of this rule, it shall:

   1. (a) Provide a plan for the continuity of services in the affected Planning and Service Area; and
   2. (b) Designate a new Area Agency in the Planning and Service Area in a timely manner.

3. (3) After its final decision to withdraw designation of an Area Agency and if necessary to ensure continuity of services in a Planning and Service Area, the Division may, for a period up to 180 days, and with approval of the Commissioner on Aging, an added 180 days:

   1. (a) Perform the responsibilities of the Area Agency; or
   2. (b) Assign the responsibilities of the Area Agency to another agency in the Planning and Service Area.

Statutory/Other Authority

ORS 410.070

Statutes/Other Implemented

ORS 410.210 - 410.300

History

SDSD 9-1999, f. & cert. ef. 11-1-99, Renumbered from 411-002-0115
SSD 3-1986, f. & ef. 2-5-86