Ohio Admin. Code 173-2-02 - AAAs: planning and service areas

(A) ODA publishes the list of PSA designations on its website. The existing PSA designations as of July 1, 2024 are retained unless changed through the process listed in paragraph (E) of this rule.

(B) ODA designates and make changes to designated PSAs according to 45 C.F.R. 1321.13 and section 173.011 of the Revised Code.

(C) Any person may submit an application to ODA requesting a change to one or more PSA designations, with supporting documentation addressing the factors under 45 C.F.R. 1321.13(d), by emailing legal@age.ohio.gov and copying elderconnections@age.ohio.gov.

(D) ODA may initiate a change to one or more PSA designations by publishing a proposed order that includes consideration of the factors under 45 C.F.R. 1321.13(d).

(E) ODA uses the following process on receipt of a complete application, or issuance of an ODA-proposed order, to change one or more PSA designations:

(1) Publish a notice of public hearing on ODA's website that includes instructions on ways to participate in the hearing, along with the ODA-proposed order or application, as applicable.

(2) Provide an email notice directly to affected AAAs, and interested parties who have subscribed to ODA's announcements on rules review that announces the publication of the public notice on ODA's website.

(3) Conduct a public hearing on the ODA-proposed order or application, as applicable, no fewer than thirty days after issuing the notice of public hearing.

(4) Prepare or revise the ODA-proposed order, as applicable, after considering all public testimony, then publish the proposed order or revised order on ODA's website.

(5) Comply with the adjudication hearing procedures in sections 119.05 to 119.09 of the Revised Code.

(6) Provide a notice of opportunity for hearing, with a proposed order that considers the factors in 45 C.F.R. 1321.13(d) and any other relevant factor identified by ODA, to any applicant and each affected AAA.

(F) Any applicant or affected AAA may appeal an adverse ODA final order pursuant to 45 C.F.R. 1321.17.

(G) ODA may issue a provisional designation of a PSA if circumstances exist in which a provisional designation is needed to maintain service to consumers and comply with the Older Americans Act. The following standards apply to a provisional designation:

(1) The ODA order of provisional designation includes consideration of the factors under 45 C.F.R. 1321.13(d) and identifies the geographic boundaries of the provisional PSA.

(2) ODA may divide a PSA into one or more provisional PSAs.

(3) The provisional order remains in effect until ODA issues a final order of PSA designation, but not longer than one hundred eighty days, unless ODA extends the provisional order for an additional ninety days for good cause.

Replaces: 173-2-02

Notes

Ohio Admin. Code 173-2-02

Effective: 2/1/2025
Five Year Review (FYR) Dates: 11/30/2029
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Rule Amplifies: 173.011; 42 U.S.C. 3025; 45 C.F.R. 1321.13, 1321.17
Prior Effective Dates: 12/14/1994, 05/15/2000, 05/13/2007, 06/11/2009, 09/01/2014, 01/01/2020