N.Y. Comp. Codes R. & Regs. tit. 9 § 6653.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6653.7 - Area plan amendments

(a) An area agency must amend its area plan if:

(1) a new or amended State or Federal statute or regulation requires a new provision, or conflicts with any existing plan provision;

(2) a United States Supreme Court or New York State Court of Appeals decision changes the interpretation of a statute or regulation so that it conflicts with any existing area plan provision;

(3) the area agency proposes to assume a new purpose or to change the structure or designation of a single organizational unit or component unit pursuant to this Chapter. The area agency must document the following when making a request in a plan or plan amendment to deviate from being a single-purpose agency serving only the elderly:

(i) documents in its request the involvement of its advisory council in the proposed reorganization and of opportunity for the public to review and comment that the public has been provided the opportunity to review and comment on the requested reorganization;

(ii) describes its methods for carrying out its functions and responsibilities under title III of the Older Americans Act; and

(iii)

(a) proposes an area agency on aging which has, as its primary and major responsibility, the carrying out of Older Americans Act mandates, but which also administers a program(s) which serve other populations, provided such an arrangement increases area agency on aging visibility and viability, improves access to services by the elderly and enhances and improves the status of the elderly; or

(b) proposes a single organizational unit within a multi-purpose agency with the visibility, authority and capacity to assume total responsibility for carrying out the mandates of the Older Americans Act;

(4) the area agency proposes to add, substantially modify, or delete any area plan objective, service, CSE project or EISEP service; or

(5) the office requires an amendment.

(b) Proposed area plan amendments shall be submitted for approval to the office under the same procedures as initial area plans.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6653.7