Section 5.05 - Designation of Protective Services Agencies(1) The Department may designate as a Protective Services Agency any public agency or private nonprofit organization which has the capability to implement a Service Plan through access to social, health and mental health services. The Department and a Protective Services Agency shall cooperate in utilizing resources and services of public and nonprofit private agencies in providing Protective Services. A Protective Services Agency may be an agency whose single purpose is to administer programs for Elders or a multipurpose agency with the ability and capability to carry out the Protective Services Program. A Protective Services Agency may not delegate to another agency the authority to award or administer Protective Services funds under this designation without prior written consent of the Department.(2) Prior to designating a Protective Services Agency, the Department may, in its discretion: (a) Consider the views of the unit(s) of general purpose local government and area agency on aging within the Protective Services area regarding the ability of the bidding agency or organization to carry out the responsibilities of the Protective Services Program;(b) Conduct an on-site assessment to determine whether a Protective Services Agency or organization which is being considered has the service capability, record of past performance, and management quality to perform all the functions of a Protective Services Agency under the Protective Services Program;(c) Designate a Protective Services Agency to serve more than one Protective Services area if, in its judgment, no agency or organization is qualified to serve as a Protective Services Agency in a given area.(3) The Department shall designate Protective Services Agencies for a maximum period of three years. Each designation may be reviewed at least annually. Designation will be made by a letter signed by the Secretary accompanied by a written Designation Agreement between the Department and the Protective Services Agency.(4) The Department shall designate at least one public agency or private nonprofit organization to act on behalf of the Department as a Protective Services Agency for a Protective Services area as defined by the Department.Amended by Mass Register Issue 1330, eff. 1/13/2017.