22VAC30-60-70. Designation of a new Area Agency on Aging.

Part II. Area Agencies on Aging

22VAC30-60-40. Planning and service areas.

A. The following are currently accepted as Virginia's Planning and Service Areas for purposes of execution of the provisions of 42 USC § 3001 et seq. (the "Older Americans Act") and the federal regulations promulgated thereunder (45 CFR Part 1321). The respective Area Agencies on Aging, under contract with the Virginia Department for Aging and Rehabilitative Services as of the date of this chapter, are named in this section for identification but may be subject to change, pursuant to 22VAC 30-60-50.

	Planning and Service Area 1 Mountain Empire Older Citizens, Inc. Wise, Virginia Serves Lee, Scott, and Wise counties; the City of Norton.
	Planning and Service Area 2 Appalachian Agency for Senior Citizens, Inc. Richlands, Virginia Serves Buchanan, Dickenson, Russell, and Tazewell counties.
	Planning and Service Area 3 District III Governmental Cooperative Marion, Virginia Serves Bland, Carroll, Grayson, Smyth, Washington, and Wythe counties; the cities of Bristol and Galax.
	Planning and Service Area 4 New River Valley Agency on Aging Pulaski, Virginia Serves Floyd, Giles, Montgomery, and Pulaski counties; the City of Radford.
	Planning and Service Area 5 League of Older Americans, Inc. trading as LOA-Area Agency on Aging Roanoke, Virginia Serves Alleghany, Botetourt, Craig, and Roanoke counties; the cities of Covington, Roanoke, and Salem.
	Planning and Service Area 6 Valley Program for Aging Services, Inc. Waynesboro, Virginia Serves Augusta, Bath, Highland, Rockbridge, and Rockingham counties; the cities of Buena Vista, Harrisonburg, Lexington, Staunton, and Waynesboro.
	Planning and Service Area 7 Shenandoah Area Agency on Aging, Inc. Front Royal, Virginia Serves Clarke, Frederick, Page, Shenandoah, and Warren counties; the City of Winchester.
	Planning and Service Area 8A City of Alexandria (Alexandria Agency on Aging) Alexandria, Virginia Serves the City of Alexandria.
	Planning and Service Area 8B Arlington County (Arlington Agency on Aging) Arlington, Virginia Serves Arlington County.
	Planning and Service Area 8C Fairfax County (Fairfax Area Agency on Aging) Fairfax, Virginia Serves Fairfax County; the cities of Fairfax and Falls Church.
	Planning and Service Area 8D Loudoun County (Loudoun County Area Agency on Aging) Leesburg, Virginia Serves Loudoun County.
	Planning and Service Area 8E Prince William County (Prince William Area Agency on Aging) Manassas, Virginia Serves Prince William County; the cities of Manassas and Manassas Park.
	Planning and Service Area 9 Rappahannock-Rapidan Community Services Board Culpeper, Virginia Serves Culpeper, Fauquier, Madison, Orange, and Rappahannock counties.
	Planning and Service Area 10 Jefferson Area Board for Aging Charlottesville, Virginia Serves Albemarle, Fluvanna, Greene, Louisa, and Nelson counties; the City of Charlottesville.
	Planning and Service Area 11 Central Virginia Alliance for Community Living, Inc. Lynchburg, Virginia Serves Amherst, Appomattox, Bedford, and Campbell counties; the cities of Bedford and Lynchburg.
	Planning and Service Area 12 Southern Area Agency on Aging, Inc. Martinsville, Virginia Serves Franklin, Henry, Patrick, and Pittsylvania counties; the cities of Danville and Martinsville.
	Planning and Service Area 13 Lake Country Area Agency on Aging South Hill, Virginia Serves Brunswick, Halifax, and Mecklenburg counties.
	Planning and Service Area 14 Piedmont Senior Resources Area Agency on Aging, Inc. Farmville, Virginia Serves Amelia, Buckingham, Charlotte, Cumberland, Lunenburg, Nottoway, and Prince Edward counties.
	Planning and Service Area 15 Senior Connections, The Capital Area Agency on Aging, Inc. Richmond, Virginia Serves Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, and Powhatan counties; the City of Richmond.
	Planning and Service Area 16 Rappahannock Area Agency on Aging, Inc. Fredericksburg, Virginia Serves Caroline, King George, Spotsylvania, and Stafford counties; the City of Fredericksburg.
	Planning and Service Area 17/18 Bay Aging Urbanna, Virginia Serves Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northumberland, Richmond, and Westmoreland counties.
	Planning and Service Area 19 Crater District Area Agency on Aging Petersburg, Virginia Serves Dinwiddie, Greensville, Prince George, Surry, and Sussex counties; the cities of Colonial Heights, Emporia, Hopewell, and Petersburg.
	Planning and Service Area 20 Southeastern Virginia Areawide Model Program, Inc. trading as Senior Services of Southeastern Virginia Norfolk, Virginia Serves Isle of Wight and Southampton counties; the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach.
	Planning and Service Area 21 Peninsula Agency on Aging, Inc. Newport News, Virginia Serves James City and York counties; the cities of Hampton, Newport News, Poquoson, and Williamsburg.
	Planning and Service Area 22 Eastern Shore Area Agency on Aging/Community Action Agency, Inc. Onancock, Virginia Serves Accomack and Northampton counties.

B. Pursuant to 42 USC § 3025(a)(1)(E) and (b)(1) of the Older Americans Act, as amended, the Department for Aging and Rehabilitative Services, in its discretion, has established that the boundaries for planning and service areas (PSAs) will be coterminous with the boundaries of the planning districts established by the Department of Planning and Budget, except that:

1. Within the boundaries of Planning District 8, the Department for Aging and Rehabilitative Services has established five planning and service areas with the concurrence of the local governing bodies.

2. The Department for Aging and Rehabilitative Services has combined Planning Districts 17 and 18 into one planning and service area with the concurrence of the local governing bodies.

3. Within the boundaries of Planning District 23, the Department for Aging and Rehabilitative Services has established two planning and service areas that existed from the former Planning Districts 20 and 21.

C. These boundaries shall be maintained until such time as there is good cause, shown by clear and convincing evidence, to create a new planning and service area.

Statutory Authority

§ 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-50. Application procedures to obtain designation as a new planning and service area or as a new Area Agency on Aging..

A. Applications of units of general purpose local government to serve as designated Area Agencies on Aging within established planning and service areas or to create a new planning and service area shall be made only by formal resolution of city councils or county boards of supervisors and must be submitted in writing to the Commissioner of the Department for Aging and Rehabilitative Services. Such new entities, if approved, shall become effective with the beginning of the terms of their approved Area Plan for Aging Services and the contract incorporating such plan, upon execution of the contract. Any application for new Area Agency on Aging status or new planning and service area status shall be submitted prior to July 1 of the year preceding the year in which the new status would become effective.

B. The application for new Area Agency on Aging status or for new planning and service area status shall contain the proposed Area Plan for Aging Services and shall show the following:

1. All the city councils and county boards of supervisors in the planning and service area which would be affected have consented to the proposed change.

2. The proposed change will not result in creation of an Area Agency on Aging or new planning and service area which would receive less than 1.0% of the formula fund allocation for Virginia, according to the allocation method used by the Department for Aging and Rehabilitative Services for the year in which the application is submitted.

3. Provision of services in a proposed new planning and service area or by a proposed new Area Agency on Aging shall be shown, by clear and convincing evidence, to assure more efficient and effective preparation and implementation of the Area Plan for Aging Services for the older Virginians within the planning and service area.

C. Upon receipt of an application which meets the foregoing requirements, the Commissioner of the Department for Aging and Rehabilitative Services shall provide a public hearing in the planning and service area. At least a 30-day notice shall be provided through publication in a newspaper or newspapers of general circulation in the cities and counties to be affected by the proposed new entity and its submitted Area Plan for Aging Services. Notification shall be mailed to the local governments and all other interested Area Agencies on Aging. The public hearing shall be held at a time and location as convenient as possible to the citizens of the cities and counties affected by the proposed change. The commissioner or a hearing officer designated by the commissioner will preside at the hearing. At the public hearing, interested persons may speak for themselves or be represented by counsel, and written presentations may be submitted. Following the public hearing and for at least 30 days thereafter, the commissioner will receive any additional written information which citizens or organizations wish to submit.

D. In addition to the public hearing and reception of comments by the Department for Aging and Rehabilitative Services and the commissioner, as provided above, the commissioner shall consult with the Department of Planning and Budget, pursuant to § 2.2-1501(2) of the Code of Virginia, whenever a new planning and service area is proposed, and the approval of that department shall be persuasive.

E. Within 120 days of the public hearing, the commissioner shall issue written findings of fact, the consideration of the Department of Planning and Budget, and a particularized conclusion and decision. In the case of a new planning and service area, its effective date shall be determined and stated. The designation of Area Agencies on Aging becomes effective upon approval of their Area Plans for Aging Services and execution of the contract.

F. Any applicant for designation as a new entity whose application is denied may request an administrative hearing, pursuant to the Virginia Administrative Process Act, § 2.2-4019 of the Code of Virginia, within 15 days of receipt of the written denial. If, after hearing, the applicant's request is still denied, the applicant may appeal the decision in writing within 30 days after receipt of the decision to the Commissioner of the U.S. Administration on Aging, pursuant to 45 CFR 1321.31.

Statutory Authority

§ 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-60. Termination of the designation of an Area Agency on Aging..

A. The contractual designation of an incumbent Area Agency on Aging will be renewed annually contingent upon approval of and performance on the Area Plan for Aging Services.

B. The contractual designation of an Area Agency on Aging will be withdrawn by the Commissioner of the Virginia Department for Aging and Rehabilitative Services for any of the following:

1. Upon a written request by the Area Agency on Aging that the commissioner terminate its contractual designation.

2. Upon a request by formal resolution of all the city councils and county boards of supervisors within the planning and service area of the Area Agency on Aging that the commissioner designate and contract with another Area Agency on Aging, whose area plan is approved.

3. Upon a finding by the Virginia Department for Aging and Rehabilitative Services, after reasonable notice and opportunity for a hearing, pursuant to 45 CFR 1321.35, that:

a. An area plan or plan amendment is not approved.

b. An area agency does not meet the requirements of the Older Americans Act, as amended; the federal regulations to implement the Older Americans Act, as amended; the Code of Virginia; or the policies and regulations of the Department for Aging and Rehabilitative Services.

c. There is substantial failure in the provisions or administration of an approved area plan to comply with one or more of the provisions of the Older Americans Act, as amended; the federal regulations to implement the Older Americans Act as amended; the Code of Virginia; regulations of the Department for Aging and Rehabilitative Services; licensing requirements of the Commonwealth of Virginia; and local ordinances.

d. The activities of the Area Agency on Aging are inconsistent with the statutory mission in the Older Americans Act, as amended, and its implementing regulations.

4. Upon reasonable application of the terms and conditions stated in the contract. Contractual obligations, failure of fulfillment of which shall lead to termination of the contract include the following:

a. Failure to correct deficiencies disclosed in an audit report from an audit conducted as required by the Department for Aging and Rehabilitative Services pursuant to 22VAC 30-60-450;

b. Failure to report promptly to the Virginia Department for Aging and Rehabilitative Services and to the appropriate law-enforcement officials any theft, embezzlement, or unlawful use of funds received from the Department for Aging and Rehabilitative Services;

c. Failure to submit reports that meet the requirements (including due dates) established by the Virginia Department for Aging and Rehabilitative Services; and

d. Deliberate falsification of information in such reports.

5. Upon a decision pursuant to 22VAC 30-60-50 creating a new Area Agency on Aging or new planning and service area, to the extent that such a decision makes performance on the existing contract impossible.

C. Upon notice by the Virginia Department for Aging and Rehabilitative Services of its intent to terminate, the Area Agency on Aging, within 15 days from receipt of the notice, may request and shall be provided an informal fact-finding conference pursuant to § 2.2-4019 of the Code of Virginia. If, from such a conference, a finding is made that one of the conditions set forth in subdivision B 4 of this section applies or that a term or condition in the contract so permits, the contractual designation shall be withdrawn. In the alternative, if no request for such hearing has been made by 15 days from receipt of the notice, the contractual designation shall terminate 30 days after receipt of the notice.

D. If the Commissioner of the Department for Aging and Rehabilitative Services has reason to believe that one or more of the reasons for termination constitutes an emergency endangering the health, safety, or welfare of citizens or seriously threatens the financial or programmatic continuation of services required by the Area Plan for Aging Services, the commissioner may order the immediate suspension of the designation of the Area Agency on Aging, in advance of a hearing, and shall state in writing the reasons therefor.

E. When the contractual designation of an Area Agency on Aging is withdrawn, the commissioner, to assure continued conduct of functions and provision of services to the extent feasible, shall contractually designate a new Area Agency on Aging in a timely manner, or, for a period of up to 180 days from the withdrawal, the Virginia Department for Aging and Rehabilitative Services, itself, may perform the responsibilities of the Area Agency on Aging or may assign the responsibilities of the area agency to another agency in the planning and service area. With the consent of the Administrator of the U.S. Administration for Community Living, the Commissioner of the Virginia Department for Aging and Rehabilitative Services may extend the 180-day period.

Statutory Authority

§ 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-70. Designation of a new Area Agency on Aging.

A. When there is no designated Area Agency on Aging for a planning and service area, or when there has been a decision to create a new planning and service area, the commissioner shall solicit applications for a new Area Agency on Aging as soon as possible. Such applications shall be solicited by advertisement in the newspapers of general circulation serving the planning and service area and by notification mailed to the local governing bodies of cities and counties within the planning and service area. At least 30 days from the date of advertisement shall be provided for applicants to submit their applications to the commissioner. The application shall include the applicant's proposed Area Plan for Aging Services. The commissioner shall give the right of first refusal to a unit of general purpose local government, if such unit can meet the requirements of the Older Americans Act, as amended, and if the boundaries of such a unit and the boundaries of the planning and service area are reasonably contiguous. Applicants may be:

1. A city or county within the affected planning and service area;

2. All the cities and counties within the affected planning and service area, applying as a joint exercise of powers, pursuant to § 15.2-3000 of the Code of Virginia;

3. A public agency or a private nonprofit corporation of Virginia, or any separate organizational unit within such agency which can and shall engage only in the planning or provision of a broad range of supportive services for older persons within the planning and service area.

B. Within 30 days after the deadline set by the commissioner for submission of applications for designation as an Area Agency on Aging, the commissioner shall advertise a public hearing to receive comments on such designation. At least 30 days notice of the hearing shall be provided through advertisement in newspapers of general circulation serving the affected planning and service area and by notification mailed to the local governing bodies and all applicants. The hearing shall be held at a time and location as convenient as possible to the citizens of the cities and counties affected by the proposed change. The commissioner or a hearing officer designated by the commissioner will preside at the public hearing. At the public hearing, interested parties may speak for themselves or be represented by counsel, and written presentations may be submitted. Upon conclusion of the hearing, the commissioner will continue to receive any additional written information which citizens or organizations may wish to provide.

C. Within 45 days after the public hearing, unless the applicants have agreed otherwise, the commissioner shall issue a written decision. The commissioner may designate a new Area Agency on Aging, subject to final approval of its Area Plan for Aging Services and execution of the contract. Such designation shall become effective upon execution of the contract or such other date as agreed upon therein. Or, if the commissioner finds that the applicant or applicants applying do not offer functions, services, and an Area Plan for Aging Services which will be in the best interests of the Commonwealth or of the persons to be served, the commissioner may reject all applications and recommence the designation process. Reasons for denial shall be set forth with reasonable particularity.

Statutory Authority

§ 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

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