[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: 45CFR1321.41]



[Page 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. 1321.41  Single State planning and service area.



    (a) The Commissioner will approve the application of a State which 

was, on or before October 1, 1980, a single planning and service area, 

to continue as a single planning and service area if the State agency 

demonstrates that:

    (1) The State is not already divided for purposes of planning and 

administering human services; or

    (2) The State is so small or rural that the purposes of this part 

would be impeded if the State were divided into planning and services 

areas; and

    (3) The State agency has the capacity to carry out the 

responsibilities of an area agency, as specified in the Act.

    (b) Prior to the Commissioner's approval for a State to continue as 

a single planning and service area, all the requirements and procedures 

in Sec. 1321.29 shall be met.

    (c) If the Commissioner approves a State's application under 

paragraph (a) this section:

    (1) The Commissioner notifies the State agency to develop a single 

State planning and service area plan which meets the requirements of 

section 306 and 307 of the Act.

    (2) A State agency shall meet all the State and area agency function 

requirements specified in the Act.

    (d) If the Commissioner denies the application because a State fails 

to meet the criteria or requirements set forth in paragraphs (a) or (b) 

of this section, the Commissioner notifies the State that it shall 

follow procedures in section 305(A)(1)(E) of the Act to divide the State 

into planning and service areas.



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