---
kind: "section"
citation: "45 C.F.R. § 1321.23"
title: "45"
number: "1321.23"
heading: "Appeal to the Departmental Appeals Board on area agency on aging withdrawal of designation."
url: "https://uscodex.org/cfr/45/1321.23"
---

# §1321.23. Appeal to the Departmental Appeals Board on area agency on aging withdrawal of designation.

- (a) This section sets forth hearing procedures afforded to affected parties if the State agency initiates an action or proceeding to withdraw designation of an area agency on aging.
- (b) Any area agency on aging that has appealed a State agency's decision to withdraw area agency on aging designation, and that has been provided a hearing and a written decision, may appeal the decision to the Departmental Appeals Board in writing following receipt of the State agency's written decision, in accordance with the procedures set forth in [45 CFR part 16](/cfr/45/part16.md). The applicant must, at the time of filing an appeal with the DAB, mail a copy of the appeal to the State agency 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

### Authority

Authority: 42 U.S.C. 3001 et seq.

### Source

Source: 89 FR 11656, Feb. 14, 2024, unless otherwise noted.