Section He-M 505.06 - Area Agency Designation Procedures and Criteria(a) The bureau shall initiate the area agency designation process by publishing a notice in a newspaper or newspapers of area-wide distribution to convey information about: (1) The role and responsibilities of the area agency;(2) Membership on the area board; and(3) The area agency application and designation process, including the closing date for submission of application materials required by (c) below.(b) Existing boards of private, non-profit agencies, including community mental health programs approved pursuant to RSA 135-C:10, may apply for designation as an area agency provided that the requirements under RSA 171-A:18, He-M 505.04(g), and (d) below have been met.(c) An applicant group shall submit the following area agency application materials to the bureau: (1) The name of the applicant group's contact person;(2) Written assurances of adherence to these rules and applicable federal and state laws and rules;(3) A personal data summary for each member of the applicant group, which shall: a. Contain information documenting the person's experience and knowledge as required by (d) below; andb. Demonstrate that the person is not excluded from board membership pursuant to He-M 505.04(g)(5);(4) A description of the unmet service needs of individuals and how the applicant group proposes to meet those service needs; and(5) A written proposal which shall include a line item budget and a description of all services to be provided.(d) The members of the applicant group shall collectively demonstrate, through the submission of personal data summaries as required in (c)(3) above, experience in development and provision of services as well as knowledge of the fiscal, legal, and management issues of services and of the needs and abilities of individuals. The members of the applicant group shall have a demonstrated commitment to community-based, individual -directed services and have the capacity to meet the needs of individuals and families.(e) The designation process shall be as follows:(1) The commissioner shall solicit and consider comments from individuals, their families, and other stakeholders, such as local human services, educational, or advocacy organizations, in the area as to the ability of the applicant group(s) to carry out its responsibilities as stated in He-M 505.03 and He-M 505.04;(2) The commissioner shall review the materials submitted by each applicant group as specified in (c) above and such information as is obtained from comments as provided in (e)(1) above;(3) The commissioner shall select for site review the applicant group(s) that appear to be able to comply with all applicable state and federal laws and rules;(4) The applicant group that is determined to be able to best comply with applicable deferral and state laws and rules shall receive designation as the area agency within 75 days following the date of the application deadline by the commissioner;(5) Designation shall be for a 5-year term, unless revoked or suspended pursuant to He-M 505.07 or He-M 505.08 or unless an agency applies for redesignation in accordance with He-M 505.09;(6) The commissioner shall notify each applicant group that does not receive designation of the reason why the applicant group was not designated;(7) If there is no applicant group selected for designation in the area, the commissioner shall notify each applicant group and request that a second submission of application materials occur within 30 days following notification by the commissioner;(8) If no applicant group in the area receives designation following the second submission of area agency application materials, the commissioner shall reinitiate the application procedure for designation of an area agency and either appoint an interim area agency to operate in the area or designate department staff to temporarily operate area agency services until a new area agency can be designated; and(9) An applicant group denied designation by the commissioner shall have the right to appeal pursuant to He-M 505.12.(f) An agency that has had its status as an area agency revoked in accordance with He-M 505.07, shall not be eligible to apply for designation as a successor area agency for 5 years following the date of the revocation.(g) In cases where 2 or more areas are consolidated as a result of amendment of He-M 505.05, the commissioner shall select one area agency as the designated area agency for the new consolidated area using the criteria identified in He-M 505.09(f)-(g). The area agency selected shall be one of the area agencies previously designated to serve the areas being consolidated.N.H. Code Admin. R. He-M 505.06
#1647, eff 10-14-80; ss by #2020, eff 5-11-82; ss by #2678, eff 4-18-84; ss by #4667, eff 8-25-89; ss by #4729, eff 1-15-90, EXPIRED: 1-15-96
New. #6871, eff 10-21-98; ss by #8728, INTERIM, eff 10-21-06, EXPIRED: 4-19-07
New. #8928, eff 6-30-07
Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10916, Effective 8/26/2015, Expires8/26/2025.Amended by Number 2, Filed January 11, 2024, Proposed by #13842, Effective 12/29/2023, Expires 12/29/2033 (formerly He-M 505.05).