Section 0030-01-08-.03 - DISAPPROVAL OF AN AREA PLAN AND/OR WITHDRAWAL OF AREA AGENCY DESIGNATION(1) The State Agency will withdraw the Area Agency designation whenever the State Agency, after reasonable notice and opportunity for a hearing finds that:(a) The Area Agency does not meet the requirements set out in the policies for Area Agency administration;(b) The plan or plan amendment is not approved; or,(c) There is substantial failure in the provisions or administration of an approved area plan to comply with any provision of this part.(2) If the State Agency withdraws an Area Agency's designation, it will:(a) Notify the Commissioner in writing of its action;(b) Provide a plan for the continuity of services in the affected planning and service area; and,(c) Designate a new Area Agency in the planning and service area in a timely manner.(3) If necessary to ensure continuity of services in a planning and service area, the State Agency may, for a period of up to 180 days after its final decision to withdraw designation of an Area Agency:(a) Perform the responsibilities of the Area Agency; or,(b) Assign the responsibilities of the Area Agency to another agency in the planning and service area.(4) The Commissioner may extend for a period of up to an additional 180 days the limit in the previous paragraph of this section if the State Agency: (a) Requests an extension; and,(b) Demonstrates to the satisfaction of the Commissioner a need for the extension.Tenn. Comp. R. & Regs. 0030-01-08-.03
Original rule filed July 6, 1982; effective August 6, 1982.Authority: T.C.A. § 14-6-105.