Section 173-3-09 - Older Americans Act: administrative hearings for adversely- affected providers(A) Introduction: (1) A provider may request an administrative hearing ("hearing") to appeal any adverse action that an AAA has taken against the provider.(2) AAAs and ODA shall honor all written or electronic hearing requests subject to the conditions in this rule.(3) A hearing under this rule is not an adjudication hearing under Chapter 119. of the Revised Code.(B) AAA-level hearings: (1) Process: Each AAA shall publish on its website or in a document that is readily accessible by providers its process for any provider to appeal an adverse action related to an AAA-provider agreement (agreement) paid, in whole or in part, with Older Americans Act funds.(2) Final AAA decision: An AAA that conducts an administrative hearing shall forward the provider's request for the hearing and the AAA's final decision on the matter to ODA no later than five days after the date the AAA renders its final decision. If the fifth day falls on a weekend or legal holiday, the deadline is extended to the day immediately following the fifth day that is not on a weekend or legal holiday.(C) ODA-level hearings:(1) AAA first: A provider may request an administrative hearing before ODA only if the provider fully complied with the process for appealing an adverse action by the AAA that committed the adverse action and if that AAA has rendered its final decision on the appeal.(2) Request a hearing: A provider may submit a written or electronic request to ODA if it does so no later than fifteen days after the date the AAA renders its final decision and if the request describes the adverse action the provider is appealing and why the provider believes the AAA's decision on the matter was inappropriate. If the fifteenth day falls on a weekend or legal holiday, the deadline is extended to the day immediately following the fifteenth day that is not on a weekend or legal holiday.(3) Scheduling a hearing: After ODA receives the request for an administrative hearing, ODA shall, in a timely manner, schedule a hearing and select a hearing officer to preside over the hearing.(4) Hearing process: (a) The hearing officer shall afford an adequate opportunity for both the provider and the AAA to present their positions and provide evidence, but may limit or terminate the discussion/testimony under any one or more of the following conditions: (i) The provider or the AAA is unruly or combative.(ii) The provider's or AAA's discussion/testimony is unnecessarily redundant.(iii) The provider and the AAA entered into a settlement that resolved the adverse action(s) that prompted the hearing.(iv) The provider withdraws its request for the hearing in writing or email.(b) The hearing officer shall make an audio recording of the hearing unless ODA pays for a court reporter to record the hearing.(c) The hearing officer shall review the testimony or evidence collected at the hearing, then transmit the testimony, evidence, and the hearing officer's recommendations to ODA regardless of whether the AAA's action was appropriate.(5) Final ODA decision: ODA shall render its final decision on the appeal no later than thirty days after the date of the hearing and shall issue the decision and the rationale for the decision to the provider and the AAA. If the thirtieth day falls on a weekend or legal holiday, the deadline is extended to the day immediately following the thirtieth day that is not on a weekend or legal holiday.(D) Hearings vs. court cases: (1) A provider may seek redress from a court without waiting for the final decision of an AAA-level hearing or ODA-level hearing.(2) If a provider files a lawsuit against the AAA or ODA, the AAA or ODA may terminate any in-progress hearing that the provider requested from the AAA or ODA.(E) As used in this rule, "adverse action" means an AAA's action concerning a particular provider to not award an agreement; to not renew a renewable agreement; to prematurely terminate an agreement; or to terminate a multi-year agreement for the agreement's second, third, or fourth year.Ohio Admin. Code 173-3-09
Effective: 1/1/2023
Five Year Review (FYR) Dates: 10/14/2022 and 11/30/2027
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.39, 173.392; 42 U.S.C. 3020c
Prior Effective Dates: 02/19/2009, 06/01/2014, 08/01/2016, 01/29/2022