[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.35]



[Page 212-213]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of 

Contents

 

                 Subpart B_State Agency Responsibilities

 

Sec. 1321.35  Withdrawal of area agency designation.



    (a) In carrying out section 305 of the Act, the State agency shall 

withdraw the area agency designation whenever it, after reasonable 

notice and opportunity for a hearing, finds that:

    (1) An area agency does not meet the requirements of this part;

    (2) An area plan or plan amendment is not approved;

    (3) There is substantial failure in the provisions or administration 

of an approved area plan to comply with any provision of the Act or of 

this part or policies and procedures established and published by the 

State agency on aging; or

    (4) Activities of the area agency are inconsistent with the 

statutory mission prescribed in the Act or in conflict with the 

requirement of the Act that it function only as an area agency on aging.



[[Page 213]]



    (b) If a State agency withdraws an area agency's designation under 

paragraph (a) of this section it shall:

    (1) Provide a plan for the continuity of area agency functions and 

services in the affected planning and service area; and

    (2) Designate a new area agency in the planning and service area in 

a timely manner.

    (c) If necessary to ensure continuity of services in a planning and 

service area, the State agency may, for a period of up to 180 days after 

its final decision to withdraw designation of an area agency:

    (1) Perform the responsibilities of the area agency; or

    (2) Assign the responsibilities of the area agency to another agency 

in the planning and service area.

    (d) The Commissioner may extend the 180-day period if a State 

agency:

    (1) Notifies the Commissioner in writing of its action under 

paragraph (c) of this section;

    (2) Requests an extension; and

    (3) Demonstrates to the satisfaction of the Commissioner a need for 

the extension.