§454.16.  Appeal procedure

A.  A person may file an administrative appeal with the division of administrative law regarding the following determinations:

(1)  A finding by the office that the person does not qualify for system entry.

(2)  Termination of a support or service.

(3)  Discharge from the system.

(4)  Other cases as stated in office policy or as promulgated in regulation.

B.  There shall be no retaliation by an agency or the office or department for the filing of an appeal.

C.  Notice of any appealable determination set forth in Subsection A of this Section by the office or by a public provider agency shall be given to the person receiving supports and services or applying for supports and services, his attorney of record or his responsible party, or all three parties if they are residing at different addresses.

D.  Written notice shall be given providing the reasons for the decision and shall be sent by certified mail return receipt requested.  If receipt is not confirmed, the agency or office must make a reasonable attempt to locate and contact the person and or his responsible party by telephone and then by regular mail.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 812, §1, eff. June 23, 2014.