1. (a) Preliminary departmental action. Under § 30.11 (relating to circumstances requiring designation) and in order to make a determination regarding designation in a way which will be efficient, appropriate, and equitable, the Department will take whatever preliminary actions it deems necessary. Such actions will include but need not be limited to the determination through an on-site assessment of the capacity of an organization or agency to carry out all the functions of an Area Agency on Aging as specified in the act and in the Federal Older Americans Act of 1965.

2. (b) Issuance of notice of intent to designate. The procedure for issuance of notice of intent to designate shall be as follows:

   1. (1) The Secretary will, pursuant to § 30.11 (relating to circumstances requiring designation), and at least 210 days prior to the beginning of the next Area Agency on Aging contract year, issue a written notice of intent to designate an organization or agency as the Area Agency on Aging within a newly-designated planning and service area. This notice will be processed as follows:

      1. (i) The notice will be transmitted to the proposed Area Agency on Aging.
      2. (ii) The notice will be transmitted to the chief elected officials of units of general purpose local government in the newly-designated planning and service area. The chief elected officials shall present their views to the Secretary in writing within 30 days of being notified. Receipt of such views will be promptly confirmed by the Secretary in writing. In the absence of a response from the chief elected officials in the newly-designated planning and service area, the Secretary will proceed with the process of designation pursuant to this Chapter.
      3. (iii) The notice will be published in the Pennsylvania Bulletin.
      4. (iv) The notice will be published in newspapers of general circulation in the newly-designated planning and service area.
   2. (2) Paragraph (1) supplements 1 Pa. Code § 35.105 (relating to notice of nonrulemaking proceedings).

3. (c) Contents of notice. Notice shall comply with the following:

   1. (1) The notice of intent to designate an organization or agency in a newly-designated planning and service area as the Area Agency on Aging issued pursuant to subsection (b) will comply with all of the following:

      1. (i) Identify the organization or agency to be designated as the Area Agency on Aging in the newly-designated planning and service area.
      2. (ii) State the reason for the issuance of intent to designate.
      3. (iii) Announce that a public hearing will be held in the newly-designated planning and service area so as to afford the public an opportunity to give testimony regarding the intent to designate.
      4. (iv) Contain the time, the place, and a brief description of the conduct of these hearings and the name, telephone number, and address of the person to be contacted regarding the offering of testimony.
      5. (v) Contain any other information the Secretary deems necessary.
   2. (2) Paragraph (1) supersedes 1 Pa. Code § 35.106 (relating to contents of notice of nonrulemaking proceedings).

4. (d) Public hearings. The procedure for public hearings shall be as follows:

   1. (1) The Department will hold public hearings within 45 days of the transmittal of the notice of intent to designate the Area Agency on Aging in as many locations as needed to assure convenient public access within the newly-designated planning and service area but no sooner than 15 days after publication of the notice of intent to designate in the Pennsylvania Bulletin. The presiding officer at these hearings will be the Secretary or his designee. A stenographer will be employed by the Department at all hearings to provide a verbatim transcription of all testimony, a copy of which will be available for public inspection at the main office of the Department.
   2. (2) Paragraph (1) supplements 1 Pa. Code § 35.185 (relating to designation of presiding officers) and § 35.131 (relating to recording of proceedings) and supersedes 1 Pa. Code § 35.133 (relating to copies of transcripts).

5. (e) Preliminary decision regarding designation. At least 150 days prior to the beginning of the next Area Agency on Aging contract year, the Secretary will, in writing, notify the organization or agency of his preliminary decision to designate it as the Area Agency on Aging in the newly-designated planning and service area. The organization or agency so notified shall thereupon submit the assurances required by § 30.12(2) (relating to organization/agency eligibility). Such assurances shall be in writing and in a form prescribed by the Secretary and shall be submitted by the organization or agency within 15 days of receipt of the preliminary decision to designate. This form, the statement of assurances, shall be as follows:

   I (we) am (are) in receipt of the Preliminary Decision to designate

   (Name of Organization/Agency) as the AAA for the contract year beginning (date) in (PSA # and counties included).

   I (we) hereby certify:

   1) that I (we) am (are) authorized to transmit this Statement of Assurances on behalf of the above-named AAA designee; and

   2) that

   (name of organization/ agency), if so designated, has the capability to develop an Area Plan responsive to the needs of the older persons in (PSA # and counties included), and to carry out, directly or through contractual arrangements, a program in accordance with the Area Plan for (PSA # and counties included); and

   3) that

   (name of organization/ agency), if so designated, will abide by the Area Plan which it develops, as well as by any amendments added thereto by the Department; and

   4) that said Area Plan will comply with all applicable regulations, policies, and priorities established by the Pennsylvania Department of Aging and by the Administration on Aging of the United States Department of Health and Human Services.

   (Signature)(Title)(Date)

6. (f) Final decision regarding designation. Upon receipt and acceptance of these assurances and at least 120 days prior to the beginning of the next Area Agency on Aging contract year the Secretary will:

   1. (1) Notify the organization or agency of its designation as the Area Agency on Aging in the newly-designated planning and service area for the coming Area Agency on Aging contract year.
   2. (2) Notify the chief elected officials of the units of general purpose local government in the newly designated planning and service area of such designation.
   3. (3) Publish such Notice of Designation in the Pennsylvania Bulletin.
   4. (4) Publish such Notice of Designation in newspapers of general circulation in the newly-designated planning and service area.

Statement of Assurances