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CHAPTER IX-ADMINISTRATION ON AGING,

SOCIAL AND REHABILITATION SERVICES DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE 1

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PART 901—GENERAL

available and without regard to eco

nomic status. Sec. 901.1 Purposes of the Act.

· (c) Suitable housing, independently 901.2 Definitions.

selected, designed, and located with ref

erence to special needs and available at AUTHORITY: The provisions of this part 901 Issued under secs. 101-603, 79 Stat. 218–226;

costs which older citizens can afford. 42 U.S.C. secs. 3001-3053.

(d) Full restorative services for those

who require institutional care. SOURCE: The provisions of this part 901

(e) Opportunity for employment with appear at 30 F.R. 13257, Oct, 19, 1965, unless

no discriminatory personnel practices otherwise noted.

because of age. & 901.1 Purposes of the Act.

(f) Retirement in health, honor, digIn the Declaration of Obiecitves for nity-after years of contribution to the Older Americans (section 101 of the economy. Older Americans Act of 1965), the Con

(g) Pursuit of meaningful activity gress found and declared that, in keep

within the widest range of civic, cultural, ing with the traditional American con

and recreational opportunities. cept of the inherent dignity of the indi

(h) Efficient community services which vidual in our democratic society, the

provide social assistance in a coordinated older people of our Nation are entitled manner and which are readily available to, and it is the joint and several duty

when needed. and responsibility of the governments of

(1) Immediate benefit from proven the United States and of the several

research knowledge which can sustain States and their political subdivisions to

and improve health and happiness. assist our older people to secure equal

(j) Freedom, independence, and the

free exercise of individual initiative in opportunity to the full and free enjoy

planning and managing their own lives. ment of the following objectives:

(a) An adequate income in retirement $ 901.2 Definitions. in accordance with the American stand (a) “Act" means the Older Americans ard of living

Act of 1965, Public Law 89-73, approved (b) The best possible physical and July 14, 1965. mental health which science can make (b) “Administration on Aging" means

the Administration on Aging established 1132 F.R. 20811, Dec. 27, 1967)

under the provisions of the Act in the

Department of Health, Education, and Welfare.

(c) "Commissioner" means the Commissioner of the Administration on Aging.

(d) “Department” means the Department of Health, Education, and Welfare.

(e) The term "fiscal year” refers to the Federal fiscal year.

(f) The term "nonprofit" as applied to a private agency, institution or organization refers to a private agency, institution or organization, whether or not incorporated, no part of the net earnings of which inures, or may legally inure, to the benefit of any private shareholder or individual.

(g) "Population" as applied to any State means the population of that State as determined by the most recent official estimates of the Bureau of the Census available to the Secretary preceding the fiscal year for which Federal grant funds are appropriated.

(h) "Project Period” means the period of time which the Secretary finds is reasonably required to initiate and conduct a project submitted under the provisions of Title IV or V of the Act.

(1) "Secretary" means the Secretary of Health, Education, and Welfare.

(j) “State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and American Samoa.

(k) "State agency" means the single State agency established or designated as the sole agency for administering or supervising the administration of the State plan.

(1) "State plan" means the document or documents submitted by the States to comply with the requirements for participation under Title III of the Act.

Sec. 903.12 Technical review committee. 903.13 Fiscal administration. 903.14 Custody of funds. 903.15 Standards of personnel administra

tion. 903.16 Staff development. 903.17 Nondiscrimination and civil rights.

THE STATE PLAN—THE AGING PROGRAM 903.18 Financial participation. 903.19 Development of programs and ac

tivities. 903.20 Cooperation with other agencies and

organizations. 903.21 Principles and priorities of State

projects. -903.22 Eligibility of applicants. 903.23 Approval of projects. 903.24 Opportunity for hearing. 903.25 Reports. ALLOTMENTS AND FEDERAL FINANCIAL

PARTICIPATION 903.26 Allotments to the States. 903.27 Reallotments to the States. 903.28 Federal financial participation. 903.29 Expenditure of grant funds. 903.30 costs of administration. 903.31 Audit. 903.32 Interest.

AUTHORITY: The provisions of this Part 903 issued under secs. 101-603, 79 Stat. 218226; 42 U.S.C. secs. 3001-3058.

SOURCE: The provisions of this Part 903 ap. pear at 30 F.R. 13257, Oct. 19, 1965, unless otherwise noted.

THE STATE PLAN-GENERAL $ 903.1 Purpose.

A basic condition to the certification of Federal funds under Title III of the Act is a State plan found to meet Federal requirements. This plan shall constitute a description of the State's program in aging established to carry out the purposes of the Act through (8) community planning and coordination of programs; (b) demonstrations of programs or activities; (c) training of special personnel needed to carry out such programs and activities; and (d) establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers which will provide recreational and other leisure time activities, and informational, health, welfare, counseling, and referral services for older persons and assist such persons in providing volunteer community or civic services; except that no cost of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion.

PART 903—GRANTS FOR COMMU

NITY PLANNING, SERVICES, AND
TRAINING

THE STATE PLAN-GENERAL
Sec.
903.1 Purpose.
903.2 Submission.
903.3 Plan approval.
903.4 Amendment.
903.5 Plan review.
903.6 Plan disapproval.
903.7 Withholding of funds.
903.8 Appeal.

THE STATE PLAN-ADMINISTRATION 903.9 Designation of state agency. 903.10 Authority. 903 11 Organization for administration.

$ 903.2 Submission.

istration of the plan there is a failure to The State plan and all amendments

comply substantially with any such thereto shall be submitted to the Secre

provision, the Secretary shall notify such

State agency that no further payments tary by duly authorized officer of the State agency in accordance with the

will be made to the State under Title

III of this Act (or, in his discretion, that State Plan Guide distributed by the De

further payments to the State will be partment of Health, Education, and Welfare to the States. The State plan shall

limited to projects under or portions of indicate the official or officials who are

the State plan not affected by such fail

ure) until he is satisfied that there will authorized to submit additional plan

no longer be any failure to comply. Unmaterial.

til he is so satisfied no further payments $ 903.3 Plan approval.

shall be made to such State under Title The State plan and all amendments

III of the Act (or payments shall be limthereto shall be submitted to the Secre

ited to projects under or portions of the tary through the Regional Represent

State plan not affected by such failure). ative on Aging. The Regional Represent

§ 903.8 Appeal. ative reviews and forwards the plan and amendments together with his comments

A State which is dissatisfied with a and recommendations to the central of

final action of the Secretary under fice of the Administration on aging. The

$ 903.6 or $ 903.7 may appeal to the Secretary shall approve any State plan

United States Court of Appeals for the meeting the requirements of the Act and

circuit in which the State is located, by of this part.

filing a petition with such court within

60 days after such final action. A copy 8 903.4 Amendment.

of the petition shall be forthwith transThe State's administration of the mitted by the clerk of the court to the program shall be kept in conformity with Secretary, or any officer designated by the approved State plan. Whenever him for that purpose. The Secretary there is any material change in the con

thereupon shall file in the court the rectent or administration of the State plan

ord of the proceedings on which he based as approved, or when there has been a

his action, as provided in section 2112 change in pertinent State law or in the

of title 28, United States Code. Upon organization, policies, or operations of

the filing of such petition, the court the State agency affecting a program

shall have jurisdiction to affirm the acunder the plan, the State plan shall be tion of the Secretary or to set it aside, in appropriately amended.

whole or in part, temporarily or perma

nently, but until the filing of the record, 8 903.5 Plan review.

the Secretary may modify or set aside The approved State plan and all his order. The findings of the Secretary amendments shall be subject to review as to the facts, if supported by subfrom time to time as the Secretary may stantial evidence, shall be conclusive, prescribe.

but the court, for good cause shown, may

remand the case to the Secretary to take & 903.6 Plan disapproval.

further evidence, and the Secretary may NO State plan, or any modification thereupon make new or modified findthereof, submitted under section 303 ings of fact and may modify his previous of the Act, shall be finally disapproved action and shall file in the court the without first affording the State reason record of the further proceedings. Such able notice and opportunity for a new or modified findings of fact shall hearing.

likewise be conclusive if supported by & 903.7 Withholding of funds.

substantial evidence. The judgment of Whenever the Secretary, after reason

the court affirming or setting aside, in able notice and opportunity for hearing

whole or in part, any action of the Secto the State agency administering or retary shall be final, subject to review by supervising the administration of a State the Supreme Court of the United States plan approved under section 303(a) of upon certiorari or certification as prothe Act, finds that (a) the State plan vided in section 1254 of Title 28, United has been so changed that it no longer States Code. The commencement of complies with the provisions of section proceedings under this section shall not, 303(a) of the Act, or (b) in the admin- unless so specifically ordered by the court, operate as a stay of the Secre- the State agency in order to assure obtary's action.

servance in the application of State

standards and the effective achievement THE STATE PLAN-ADMINISTRATION

of the objectives of the State plan. § 903.9 Designation of State agency.

§ 903.12 Technical review committee. The State plan shall indicate and identify the single State agency that has

The State plan shall provide for a been established or designated as the sole

review by one or more technically comagency for administering or supervising

petent committees, of all applications rethe administration of the State plan.

ceived by the State agency for projects This agency shall be primarily respon

to be financed from its allotment under sible for coordination of State programs

Title III of the Act. The members of and activities related to the purposes of

this committee shall not be in the full

time employ of the State agency, and the Act.

shall make recommendations to the $ 903.10 Authority.

State agency on all project applications. The State plan shall also include as an $ 903.13 Fiscal administration. attachment a certificate of the State's Attorney General to the effect that the

The State plan shall set forth the State agency has the authority to submit

policies and methods pertinent to fiscal

administration and control, including the State plan and to carry out the programs described therein as the sole

sources of funds, incurrence and payment State agency responsible for administer

of obligations, disbursements, accounting or supervising the administration of

ing and auditing. The State plan shall the State plan, and that nothing in the

provide for the maintenance by the State State plan is inconsistent with State law.

agency and project grantees of such ac

counts and supporting documents as will § 903.11 Organization for administra serve to permit an accurate and extion.

peditious determination to be made at The State plan shall describe the

any time of the status of the Federal organizational structure of the State

grants, including the disposition of all

monies received and the nature and agency, including descriptions of organizational units, the functions assigned to

amount of all charges claimed to lie each, and the relationships among units

against the allotment to the State. in the State program on aging. The $903.14 Custody of funds. organizational structure shall provide for all the functions for which the State is

The State plan shall designate the responsible under the plan, for clear

State official who will receive and provide

for the custody of all funds paid to the lines of administrative and supervisory

State under the Act, subject to requisiauthority, and shall be suited to the size

tion or disbursement by the State agency. of the program and the geographic areas in the State in which the program op- $ 903.15 Standards of personnel adminerates. Sufficient staff shall be assigned istration. on a full-time basis to assure efficient

The State plan shall provide for such administration of the plan in the State. The State plan shall also describe meth

methods of personnel administration on ods of administration which will pro

a merit basis as are set forth in the vide for the coordination and integration

Standards For A Merit System of Person. of activities, adequate controls over op

nel Administration, Part 70 of this title,

issued by the Department of Health, erations, channels for the development

Education, and Welfare, the Department and interpretation of policies and stand

of Labor, and the Department of Defense. ards, record keeping and reporting pro

The Secretary shall exercise no author. cedures and effective supervision of staff.

ity with respect to the selection, tenure If the State plan provides for the ad

of office, and compensation of any indiministration of certain specified portions

vidual employed in accordance with such of the plan by an agency other than the

methods. single state agency, the State plan shall set forth the standards governing its $ 903.16 Staff development. organization and methods of adminis- The State plan shall provide for a tration, and shall describe the nature and program of staff development for proextent of the supervision exercised by fessional personnel in aging. This pro

gram shall provide for the inservice training of personnel for the purpose of providing a high quality of services to older persons. If the staff development program includes leaves of absence for institutional or other organized training for professional personnel, the State plan shall specify the policies governing such educational leave. $ 903.17 Nondiscrimination and civil

rights. Attention is called to the requirements of Title VI of the Civil Rights Act of 1964. Section 601 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. section 20000). The regulation implementing such Title VI has been issued by the Secretary with the approval of the President (Part 80 of this title) and is applicable to Federal financial assistance extended under this part. THE STATE PLAN—THE AGING PROGRAM $ 903.18 Financial participation.

The State plan shall provide for such financial participation by the State, or communities, with respect to activities and projects under the State plan as to assure continuation of desirable activities and projects after termination of Federal financial support under Title III of the Act. Financial participation may also be derived from agencies or organizations conducting projects and from other non-Federal sources. Such financial participation on the part of the State, communities, or other non-Federal sources, may be in the form of monies, facilities, or services for carrying out the activity or project approved under the State plan. & 903.19 Development of programs and

activities. (a) The State plan shall provide for development of programs and activities for older persons for carrying out the purposes of the Act, including an identification of the types and kinds of activities and projects relating to community planning and coordination, demonstrations, training, and the establishment of new or expansion of existing programs (including centers).

(b) The State plan shall also provide for the furnishing of consultative, technical, and information services to public and nonprofit private agencies and organizations engaged in activities relating to the special problems and welfare of older persons, and for coordinating the activities of such agencies and organizations to the extent feasible. $ 903.20 Cooperation with other agen

cies and organizations. The State plan shall provide for consultation with and utilization, pursuant to agreement with the head thereof, of the services and facilities of appropriate State or local public or nonprofit private agencies and organizations in the administration of the plan and in the development of such programs and activities. § 903.21 Principles and priorities of

Stale projects. The State plan shall set forth principles for determining the priority of projects in the State, and provide for approval of such projects in the order determined by application of such principles. $ 903.22 Eligibility of applicants.

The plan shall provide for approval of projects of only public or nonprofit private agencies or organizations. $ 903.23 Approval of projects.

The State plan shall provide that, after review and recommendation by a technical review committee, the project will be submitted to the State agency for action. $ 903.24 Opportunity for hearing.

The State plan shall provide for an opportunity for a hearing before the State agency for any applicant whose application for approval of a project is denied. $ 903.25 Reports.

The State plan shall provide that the State agency will make such reports to the Secretary in such form and containing such information as may reasonably be necessary to enable him to perform his functions under Title III of the Act, and shall keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

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