10a ncac 27I .0606         hearing SCHEDULE and Composition of the Panel

(a)  The Director shall convene a five member panel to conduct a hearing for an appeal that is accepted in accordance with the requirements of Rule .0605 of this Section.

(b)  The panel members shall consist of the following:

(1)           a provider agency representative who meets the following requirements:

(A)          the representative shall be from a provider agency that is not be a party to the appeal; and

(B)          the representative shall have clinical expertise in the disability area pertinent to the appeal;

(2)           an employee of an area authority or county program who meets the following requirements:

(A)          the employee shall be from an area authority or county program that is not a party to the appeal; and

(B)          the employee shall have clinical expertise in the disability area pertinent to the appeal;

(3)           two individuals who are members of a consumer and family advisory committee who is not a party to the appeal; and

(4)           an employee of the Division.

(c)  The employee of the Division shall serve as the chairperson of the panel and shall be a voting member in the case of a tie.

(d)  The Director shall forward the record on appeal and all supplemental documentation to the chairperson of the panel within five days of receipt thereof.

(e)  The Director shall provide a copy of applicable law and rules to the chairperson of the panel.

(f)  The chairperson shall schedule a panel hearing including designation of a time and place.

(g)  The chairperson shall notify the client, other panel members and the area authority or county program of the time and place no less than 15 calendar days prior to the date of the hearing.

History Note:        Authority G.S. 143B-147;

Eff. October 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.