Page:United States Statutes at Large Volume 92 Part 2.djvu/245

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-478—OCT. 18, 1978 for approval an area plan which complies with the provisions of section 306; "(3)(A) provide that the State agency will evaluate the need for social services (including legal services), nutrition services, and multipurpose senior centers within the State and determine the extent to which existing public or private programs meet such need; and "(B) provide assurances that the State agency will spend in each fiscal year, for services to older individuals residing in rural areas in the State assisted under this title, an amount equal to not less than 105 percent of the amount expended for such services (including amounts expended under title V and title VII) in fiscal year 1978; "(4) provide for the use of such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Commissioner shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient administration of the plan, and, where necessary, provide for the reorganization and reassignment of functions to assure such efficient administration; "(5) provide that the State agency will afford an opportunity for a hearing upon request to any area agency on aging submitting a plan under this title, to any provider of a service under such a plan, or to any applicant to provide a service under such a plan; "(6) provide that the State agency will make such reports, in such form, and containing such information, as the Commissioner may require, and comply with such requirements as the Commissioner may impose to insure the correctness of such reports; "(7) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this title to the State, including any such funds paid to the recipients of a grant or contract; " (8) provide that the State agency will conduct periodic evaluations of activities and projects carried out under the State plan; "(9) provide for establishing and maintaining information and referral services in sufficient numbers to assure that all older individuals in the State who are not furnished adequate information and referral services under section 306(a)(4) will have reasonably convenient access to such services; "(10) provide that no social services, including nutrition services, will be directly provided by the State agency or an area agency on aging, except where, in the judgment of the State agency, provision of such services by the State agency or an area agency on aging is necessary to assure an adequate supply of such services; " (11) provide that subject to the requirements of merit employment systems of State and local governments, preference shall be ^ven to individuals aged 60 or older for any staff positions (full time or part time) in State and area agencies for which such individuals qualify; " (12) provide assurances that the State agency will— " (A) establish and operate, either directly or by contract or other arrangement with any public agency or other appro-

92 STAT. 1525

42 USC 3041, 3045.

Hearing,

Reports,

Accounting procedures,

Ombudsman program,