Waivers

PURPOSE: This rule allows the area agency on aging to request a waiver from meeting specific requirements and sets forth procedures to be followed. (1) An area agency on aging shall request a waiver if unable to comply with a specific division requirement. The request shall— (A) Be in writing; (B) Be signed by the chairperson of the governing body and the director of the area agency on aging; (C) State the requirement for which a waiver is requested; and (D) Include supportive documentation that explains why the requirement cannot be met, a description of the area agency on aging’s proposed alternative for meeting the requirement, and an explanation of why the proposed alternative is most applicable for the area agency on aging’s situation. (2) Public Hearing for Waivers for Priority Services. (A) Prior to submitting a waiver request for a priority service, the area agency on aging shall conduct, at a minimum, one (1) public hearing on the content of a proposed waiver. The hearing shall be scheduled at a convenient time and location to ensure maximum attendance by interested parties, representatives of the governing body and advisory council to the area agency on aging, public officials, and older adults. (B) Notice of the public hearing shall be publicized through widely circulated newspapers and other public media at least twenty (20) calendar days before the date of the hearing. The notice shall be published in English and other languages as appropriate to the geographic area or to the target population to be served. (C) In addition, notice of the public hearing shall be provided to service providers, organizations of older adults, public officials, and other public and private agencies in the planning and service area. (D) Records of the public hearings held shall be on file at the area agency on aging office and shall be submitted to the division with the waiver request. The records shall include the following: 1. Documentation of public notice; 2. List of names of persons attending the hearing and organizations represented; and 3. Written summary of all comments received, including if and how comments were incorporated. (3) A waiver may be approved for the life of the plan, not to exceed four (4) years. (4) A waiver request may only be submitted with the area plan or area plan amendments. AUTHORITY: section 192.2000, RSMo 2016.* This rule was previously filed as 13 CSR 15-6.100 and 13 CSR 15-4.150. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Aug. 28, 2000, effective March 30, 2001. Moved to 19 CSR 15-4.150, effective Aug. 28, 2001. Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022. *Original authority: 192.2000, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001, 2014.