10A NCAC 22H .0303      INITIATING A HEARING

(a)  In order to initiate an appeal of a PASRR determination, the evaluated individual, family member, or legal representative shall submit a Hearing Request Form to the Hearing Unit. The form shall be received by the Hearing Unit within 11 calendar days from the date of the PASRR Notice of Determination. If the 11th day falls on a Saturday, Sunday, or legal holiday, then the period during which an appeal may be requested shall run until the end of the next business day which is not a Saturday, Sunday, or legal holiday.

(b)  The Hearing Request Form shall be submitted to the Hearing Unit by mail, facsimile, or hand delivery.

History Note:        Authority G.S. 108A‑25(b); 42 U.S.C.S. 1395i ‑ 3(e)(3) and ‑ (f)(3); 1396r(e)(3), (e)(7)(F), and (f)(3); 42 C.F.R. 431.200; 42 C.F.R. 483.5; 42 C.F.R. Part 483, Subpart E;

Eff. October 1, 1994;

Readopted Eff. July 1, 2018.