A person who has applied to a Division of Developmental Disabilities facility for services and been determined ineligible for such services, or a client who has been receiving services but now is determined ineligible for those services, may appeal that determination to an Appeals Referee within the Department.
An Appeals Referee, who is a Department employee, conducts the hearing. The Department Hearings Administrator typically serves as the Appeals Referee in eligibility cases. The hearing is scheduled to take place within 60 days of the hearing request, but may be continued to a future date. Hearings are held at the Department facility of the determiner but may be held at an alternate location. The Hearings Administrator issues a decision within 30 calendar days of the hearing affirming or reversing the facility determiner’s finding on eligibility for services.
Authority: 9 CSR 45-2.020