10A NCAC 97B .0502      PROCEDURES FOR MAKING APPEALS

The grant recipient must develop an appeals procedure for denial of services to person which meets the minimum requirements set forth in this Rule:

(1)           Provide that each person who applies for and is denied services be given a brief written statement indicating he/she has the right to appeal and how to go about making such an appeal;

(2)           Notify in writing each person denied services within 10 days from date of denial.  The notification should include the reasons for denial of assistance, the opportunity to submit additional written information which the person believes would warrant favorable determination of eligibility, and the deadline for submitting this information;

(3)           Hold, within 7 days upon request of the person denied services, a hearing, at which time, the applicant shall be given an opportunity to present evidence as to why the denial should be over‑ruled;

(4)           Notify in writing, within 7 days of the hearing, the person of the grant recipient's decision as to whether or not the applicant is eligible for services.  A written description of these review proceedings shall be maintained on file by the grant recipient for 3 years and be available for public inspection consistent with the procedures of Rules .0301 and .0302 of this Subchapter.

History Note:        Authority G.S. 143B‑10; 143B‑276; 143B‑277; 143‑323(d);

Eff. December 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.