6 Pa. Code § 30.23 - Procedure for redesignation
(a)
Issuance of notice of intent to redesignate. The procedure for
issuance of notice of intent to redesignate shall be as follows:
(1) Pursuant to §§
30.21 and
30.22 (relating to circumstances
requiring redesignation; and preliminary departmental action), the Secretary
will, at least 240 days prior to the beginning of the next Area Agency on Aging
contract year, issue a written notice of intent to redesignate the Area Agency
on Aging. This notice will be:
(i)
transmitted to the currently-designated Area Agency on Aging in the affected
planning and service area;
(ii)
transmitted to the chief elected officials of the units of general purpose
local government in the affected planning and service area;
(iii) published in the Pennsylvania
Bulletin; and
(iv)
published in newspapers of general circulation in the affected planning and
service area.
(2)
Paragraph (1) supplements 1 Pa. Code §35.105 (relating to notice of
nonrulemaking proceedings).
(b)
Contents of notice.
Notice shall comply with the following:
(1)
The notice of intent to redesignate the Area Agency on Aging issued pursuant to
subsection (a) shall comply with all of the following:
(i) State the reason for the issuance of
intent to redesignate.
(ii)
Announce that a public hearing will be held in the affected planning and
service area so as to afford the public an opportunity to give testimony
regarding the intent to redesignate.
(iii) 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.
(iv) Contain any other
information the Secretary deems necessary.
(2) Paragraph (1) supersedes 1 Pa. Code
§35.105 (relating to contents of
notice of nonrulemaking proceedings).
(c)
Public hearings. The
procedure for public hearings shall be as follows:
(1) The Department will hold public hearings
within 45 days of the transmittal of the notice of intent to redesignate the
Area Agency on Aging in as many locations as are needed to assure convenient
public access within the affected planning and service area, but no less than
15 days after publication of the notice of intent to redesignate 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.
(d)
Preliminary decision regarding redesignation. The Secretary
will, within 15 days of the date of the last public hearing held pursuant to
subsection (c) of this section, issue his preliminary decision regarding
redesignation. This preliminary decision will state the reasons for the
decision and will be communicated in writing to:
(1) The currently-designated Area Agency on
Aging.
(2) The organization or
agency to be designated as the new Area Agency on Aging in the event the
Secretary has preliminarily decided to redesignate an organization or agency
within the affected planning and service area.
(3) The chief elected officials of units of
general purpose local government in the affected planning and service
area.
(e)
Factors
to be considered. Before making his preliminary decision regarding
redesignation pursuant to subsection (d) the Secretary will consider the
following:
(1) The impact of redesignation on
the provision of services in the designated planning and service
area.
(2) The comments of the
Advisory Council of the currently-designated Area Agency on Aging.
(3) All information and findings obtained
pursuant to §§
30.21 and
30.22 (relating to circumstances
requiring redesignation and preliminary departmental action).
(4) All testimony given at the public
hearings held pursuant to subsection (c).
(5) All other pertinent information in his
possession.
(f)
Notice to the currently-designated Area Agency on Aging of its right to
an adjudicatory hearing. Notice to the currently-designated Area
Agency on Aging of its right to an adjudicatory hearing shall comply with the
following:
(1) In the event the Secretary's
decision is to redesignate, he will inform the currently-designated Area Agency
on Aging in the affected planning and service area of its right to request a
hearing before the Department regarding this decision.
(2) The request for a hearing must be in
writing and, in order to be considered, must be received by the Department
within 30 days of the Area Agency on Aging's receipt of the Secretary's
preliminary decision. If the currently-designated Area Agency on Aging, after
being notified of the preliminary decision pursuant to subsection (d), fails to
request a hearing as specified in this subsection, the preliminary decision
will become final.
(g)
Adjudicatory hearing.
All hearings held pursuant to subsection (f) will be conducted in accordance
with the provisions of
2 Pa.C.S. §§
501-508 and
701-704.
(h)
Final decision regarding
redesignation. The Secretary, after considering all of the information
obtained under §§
30.21 and
30.22 (relating to circumstances
requiring redesignation and preliminary departmental action); all of the
testimony given at the public hearings held pursuant to subsection (c); and all
of the testimony given at the adjudicatory hearing, if any, will publish notice
of a final decision regarding redesignation in the Pennsylvania
Bulletin, along with the reasons therefor, no less than 100 days prior
to the beginning of the next Area Agency on Aging contract year.
Notes
This section cited in 6 Pa. Code § 30.24 (relating to interim emergency redesignation).
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