Section 17.4.4. Area agencies on aging.

       4.4(1) Designation. The department shall designate for each planning and service area an entity to serve as the area agency on aging in accordance with Older Americans Act requirements. The department may, in its discretion, designate one area agency on aging to serve more than one planning and service area.

       4.4(2) Designation requirements for units of general purpose local government. Whenever the department designates a new area agency on aging after the date of enactment of the Older Americans Act Amendments of 1984 or dedesignates an existing area agency on aging, the department shall give the right of first refusal to a unit of general purpose local government if:

        a.           The unit of general purpose local government can meet the requirements established to serve as an area agency on aging pursuant to state and federal law; and

        b.           The unit of general purpose local government’s geographical boundaries and the geographical boundaries of the planning and service area are reasonably contiguous.

       4.4(3) Qualifications to serve. Any entity applying for designation as an area agency on aging must have the capacity to perform all functions of an area agency on aging as outlined in the Older Americans Act and Iowa Code chapter 231. An area agency on aging shall be any one of the following:

        a.           An established office of aging operating within a planning and service area;

        b.           Any office or agency of a unit of general purpose local government, which is designated to function only for the purpose of serving as an area agency on aging by the chief elected official of such unit;

        c.           Any office or agency designated by the appropriate chief elected officials of any combination of units of general purpose local government to act only on behalf of such combination for such purpose;

        d.           Any public or nonprofit private agency in a planning and service area, or any separate organizational unit within such agency, which for designation purposes is under the supervision or direction of the department and which can and will engage only in the planning or provision of a broad range of supportive services or nutrition services within such planning and service area; or

        e.           Any other entity authorized by the Older Americans Act.

       4.4(4) Process to designate area agency on aging.

        a.           The department shall send by certified mail, return receipt requested, a written notice of intent to designate an area agency on aging by mailing said notice to all area agency on aging executive directors and board chairs. The department shall also publish a notice in at least one newspaper of statewide circulation and one newspaper circulated in each county located within the affected planning and service area(s) to provide notice to affected parties, including older individuals, individuals with disabilities, service providers, and units of general purpose local government. Notice shall also be provided by posting the notice on the department’s Web site, www.aging.iowa.gov.

        b.           The notice shall provide information regarding the department’s intent to designate an area agency on aging and to accept requests for applications to serve as an area agency on aging in the affected planning and service area(s). The notice shall be posted and published at least 60 days prior to the request for application submission deadline.

        c.           The department shall hold at least one public hearing pursuant to the following process:

       (1)             The department shall hold at least one public hearing to obtain comments and provide information on the plan to designate an area agency on aging within 90 days of providing notice pursuant to paragraph 4.4(4)“a.”

       (2)             Information provided by the department at the public hearing shall include, but not be limited to, the proposed designation, the reasons for designation, legal authority to designate, identification of affected individuals or groups of individuals, and procedures for appeal.

       (3)             Instructions for providing written comments to the department regarding the proposed designation of an area agency on aging shall be provided at the public hearing and shall be posted on the department’s Web site, www.aging.iowa.gov.

        d.           Any entity meeting the qualification requirements outlined in subrule 4.4(3) may submit an application to serve as an area agency on aging.

        e.           If an area agency on aging is dedesignated pursuant to rule 17—4.6(231), the department shall use a request for application process to designate a new area agency on aging for the affected planning and service area.

        f.            The department may, in its discretion, require applicants to submit to an on-site assessment as part of the request for application review process.

       4.4(5) Department submission of proposed recommendation for designation of area agency on aging to the commission. Following the review of the application(s), the department shall develop and submit to the commission for consideration a proposed recommendation regarding the designation of an area agency on aging for each planning and service area.

       4.4(6) Commission approval or disapproval of proposed designation of area agency on aging. The commission may, in its discretion, approve or disapprove the department’s proposed recommendation to designate an area agency on aging. If the commission disapproves the department’s proposed recommendation, the department shall develop an alternate recommendation for commission consideration after notice and an opportunity for public comment as provided in subrule 4.4(4). The final decision shall be made available on the department’s Web site, www.aging.iowa.gov. The commission’s final decision is other agency action for the purposes of Iowa Code section 17A.19.

       4.4(7) State appeal of commission decision. A party aggrieved or adversely affected by the commission’s final decision may seek judical review in accordance with Iowa Code section 17A.19. Such party shall serve a copy of the petition for judicial review upon the Director, Department on Aging, 510 East 12th Street, Suite 2, Des Moines, Iowa 50319-9025.

       4.4(8) Official designation. An entity shall be designated the area agency on aging upon the commission’s acceptance of the department’s proposed recommendation for designation, the commission’s approval of the area agency on aging area plan, and execution of the associated contract between the department and the area agency on aging. Official designation of an area agency on aging shall not occur until final disposition of all appeals.

[ARC 9863B, IAB 11/30/11, effective 11/1/11]