Kan. Admin. Regs. § 26-1-9 - Withdrawal of area agency on aging designation
(a) An area
agency 's designation shall be withdrawn by the secretary after reasonable
notice and opportunity for a hearing, for any of the following reasons:
(1) An area agency does not meet federal,
state, or local requirements.
(2)
An area plan or plan amendment is not approved.
(3) There is substantial failure in the
provisions, implementation, or administration of an approved area plan to
comply with any provision of the older Americans act or the policies and
procedures established or published by the department .
(4) The area agency voluntarily withdraws as
the designated area agency on aging , which shall be effective only with the
express written consent of the secretary .
(5) The area agency expends the resources
allocated by the department in violation of the federal older Americans act or
the policies and procedures established or published by the department .
(6) The area agency does not
obtain approval by the department for a revision of its area plan before
implementing a change, as required by K.A.R. 26-2-4.
(7) The area agency fails to meet all
conditions of a notification of grant award issued by the department by the
deadline established by the department .
(8) There is a change in administration that
erodes the authority or capacity of the area agency to perform the functions
required by law and regulations.
(9) The area agency is insolvent or fails to
meet any of its financial obligations, including payroll, rent, utilities, or
payment of subgrantees or subcontractors, for a period of at least 90
consecutive days.
(10) The area
agency commits fraudulent, unethical, or unprofessional conduct.
(b) The governing board or
administrative unit of the area agency shall have 30 days to respond to the
department 's written notification of withdrawal by submitting for department
approval a plan of corrective action that shall describe the following:
(1) The action steps to be taken to regain
area agency designation;
(2) the
expected outcome for each action step; and
(3) the maximum time frame needed to correct
the deficiencies.
(c)
If the department withdraws an area agency 's designation under subsection (a)
of this regulation, the following shall be undertaken by the department :
(1) Provision of a plan for the continuity of
area agency functions and services in the affected planning and service area ;
and
(2) designation of a new area
agency in the planning and service area in a timely manner.
(d) If necessary to ensure
continuity of services in a planning and service area , either of the following
actions may be undertaken by the department , for a period of up to 180 days
after its final decision to withdraw designation of an area agency :
(1) Performance of the responsibilities of
the area agency ; or
(2) assignment
of the responsibilities of the area agency to another agency in the planning
and service area .
Notes
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