§ 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.
(2) Paragraph (1) supplements 1 Pa. Code § 35.185 (relating to designation of presiding officers) and § 35.131 (relating to recording of proceedings) and supersedes 1 Pa. Code § 35.133 (relating to copies of transcripts).
(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.
(3) Paragraphs (1) and (2) supersede 1 Pa. Code § § 35.226 and 35.231 (relating to final orders and reopening on application of party).
(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.
Cross References This section cited in 6 Pa. Code § 30.24 (relating to interim emergency redesignation).
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