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Library: Policy

340:105-10-34. Amendments to the Area Plan

Revised 5-13-02

(a) Policy.  An Area Agency on Aging (AAA) amends its Area Plan when circumstances include:

(1) a new or amended state or federal statute or regulation requiring a new provision or conflicting with any existing plan provisions;

(2) a United States Supreme Court decision changing the interpretation of a statute or regulation;

(3) the AAA proposing to add, substantially modify, or delete any Area Plan objective(s);

(4) the AAA proposing to substantially modify its budget;

(5) new or amended State Agency policy requiring a new provision or conflicting with any existing plan provisions; or

(6) annually revising information required by Section 307(a) of the Older Americans Act, as amended.

(b) Authority.  The authority for this Section is Title 45 of the Code of Federal Regulations, Parts 1321.11 and 1321.59.

(c) Procedures.  Proposed amendments to the Area Plan must be documented on those Area Plan exhibits affected by the revision(s) and submitted with written rationale to the State Agency for approval. All Area Plan amendments must be subject to review and comment in accordance with the public hearing procedure outlined in OAC 340:105-10-33, except in cases where the State Agency requires technical revisions, or an objective is modified or deleted because it cannot be attained due to factors beyond the control of the AAA. The State Agency may waive the public hearing requirement only after considering the public interest relative to the amendment. All Area Plan amendments, including annual updates, must follow procedures outlined in OAC 340:105-10-33. The AAA follows additional State Agency guidance, as provided, regarding annual Area Plan updates.

(d) Cross references.  See OAC 340:105-10-33340:105-10-35, and 340:105-10-36.

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