C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—THE ADMINISTRATION FOR COMMUNITY LIVING › PART 1321—GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING › Subpart B—State Agency Responsibilities

45 C.F.R. § 1321.17

Appeal to the Departmental Appeals Board on planning and service area designation

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(a) This section sets forth the procedures for providing hearings to applicants for designation as a planning and service area under § 1321.13, whose application is denied by the State agency or § 1321.15, whose application is denied by the Assistant Secretary for Aging.

(b) Any applicant for designation as a planning and service area whose application is denied, and who has been provided a hearing and a written decision by the State agency, may appeal the denial to the Departmental Appeals Board (DAB) in writing following receipt of the State agency's written decision, in accordance with the procedures set forth in 45 CFR part 16. The applicant must, at the time of filing an appeal with the DAB, mail a copy of the appeal to the State agency, if appealing subject to § 1321.13, or the Assistant Secretary for Aging, if appealing subject to § 1321.15, and include a certificate of service with its initial filing. The DAB may refer an appeal to its Alternative Dispute Resolution Division for mediation prior to making a decision.

Notes of Decisions
Cited in 2 cases, 1992–2006 · leading case: Brown v. Dep't of Health & Human Servs., 898 A.2d 387 (Me. 2006).
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Brown v. Dep't of Health & Human Servs., 898 A.2d 387 (Me. 2006). · cites it 2× “See 45 C.F.R. §§ 1321.17 (f)(3), 1321.67(c) (2005).”
Bel-O-Mar Interstate Plan. Comm'n v. West Virginia Comm'n on Aging, 423 S.E.2d 867 (W. Va. 1992). · cites it 7× “The trial court also concluded that 45 C.F.R. § 1321.17 (d) “which require[s] the state to identify the geographic bounds of the planning and service areas” was improperly relied upon by the hearing examiner.”
— 45 C.F.R. § 1321.17(d) — 1 case
Bel-O-Mar Interstate Plan. Comm'n v. West Virginia Comm'n on Aging, 423 S.E.2d 867 (W. Va. 1992). “The trial court also concluded that 45 C.F.R. § 1321.17 (d) “which require[s] the state to identify the geographic bounds of the planning and service areas” was improperly relied upon by the hearing examiner.”
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