10A NCAC 22H .0303       INITIATING A HEARING

(a)  In order to initiate an appeal of a PASARR determination, the evaluated individual or family member or legal representative shall submit a written request for a hearing to the Hearing Unit.  The request for hearing must be received by the Hearing Unit within 11 calendar days from the date of the PASARR 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 day which is not a Saturday, Sunday, or legal holiday.

(b)  The request for hearing 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. 483.12; 42 C.F.R. 483.200; 42 C.F.R. 483.204; 42 C.F.R. 483.206;

Eff. October 1, 1994.