Hearings and Appeals. (a) When a Recipient requests an op- portunity for a hearing, in accordance with § 6.12(b)(3), the General Counsel will follow the notification procedures set forth in 24 CFR 180.415. The hearing, and any petition for review, will be conducted in accordance with the pro- cedures set forth in 24 CFR part 180.
(b) After a hearing is held and a final agency decision is rendered under 24 CFR part 180, the Recipient may seek judicial review in accordance with sec- tion 111(c) of the Act.
Hearings and Appeals. In taking an enforcement action, the Government of the United States will provide the Government of the Federated States of Micronesia an opportunity to a hearing, Appeal, or other administrative proceeding to which it is entitled under this Agreement.
Hearings and Appeals. The parties shall follow the procedures of KRS 67C.326(1)(h) and KRS 67C.326(2) and KRS 67C.326(3) as they currently exists or may be amended.
Hearings and Appeals. Inspections and Enforcement;
Hearings and Appeals. In taking an enforcement action, the Government of the United States will provide the Government of the Republic of the Xxxxxxxx Islands an opportunity to a hearing, Appeal, or other administrative proceeding to which it is entitled under this Agreement.
Hearings and Appeals. In taking an enforcement action, DOE shall provide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute or regulation applicable to the action involved.
Hearings and Appeals. In taking an enforcement action, the grants officer and DoD Component shall provide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute or regulation applicable to the action involved (see §34.53 and 32 CFR 22.815).
Hearings and Appeals. An Applicant/Client/representative may appeal Department or Contractor decisions. At such time as the appeals and grievance policy and procedures and materials for distribution are provided by the Department, it is the responsibility of the Contractor to ensure that the Applicant / Client / representative is provided with written notification of their appeal rights according to Department policy including but not limited to:
a. A list of Department or Contractor decisions that may be appealed and how these decisions are appealable to:
1) Level of care determination (appealed directly to the Department).
2) Denial of assessment (appealed directly to the Department).
3) Denial of Home Care upon completion of the assessment and Plan of Care development (initial appeal to the Contractor).
4) Content of the Plan of Care including type and frequency of service(s) and designated provider (initial appeal to the Contractor).
5) Provision of community based services such as dissatisfaction with a provider (initial appeal to the Contractor).
6) Client applied income (initial appeal to the Department).
b. A requirement that appeals be submitted in writing to the Contractor or the Department as applicable.
1) A procedure for determining whether the appeal has merit based on program regulations.
2) A procedure for correcting errors in cases where the appeal is ruled to be justified;
3) A procedure for negotiating disputes.
4) The right of a Client to further appeal PCA Waiver Program related decisions through the Department fair hearing process, if the Contractor does not resolve the issue.
c. The Contractor shall document in the Client record:
1) The Contractor’s verbal review of the Client’s grievance and appeal rights.
2) The Client’s/Client’s representative’s receipt of written description of the grievance and appeals process.
3) The Client’s/Client’s representative’s acknowledgement of understanding the Client’s grievance and appeal rights.
d. The Contractor shall work with the Department regarding Client grievances and appeals:
1) Attend hearings at the request of the Department.
2) Document all grievances filed and their outcomes.
3) Assist the Department in the preparation of summaries for Fair Hearings when an appeal is made to DSS including conducting a Client reevaluation upon Department request.
e. The Contractor shall maintain a grievance/complaint log that outlines the grievance or complaint and the resolution.
Hearings and Appeals. An appeal shall specifically set forth each issue in dispute, and include Contractor's contentions as to those issues. However, Contractor's appeal shall be limited to those issues raised in its Notice of Dispute filed pursuant to Section 3.22.2
Hearings and Appeals. As subject to and further defined by the County/DHCS LIHP Contract, including without limitation Attachment 13 of Exhibit A, Alliance and County will establish LIHP hearing and appeals procedures as set forth in this Section 3, or in accordance with the requirements for LIHP hearing and appeals procedures as from time-to-time amended by DHCS and approved by CMS. Hearings and appeals as described below are either the responsibility of County or of Alliance, depending on the nature of the Action. County shall be responsible for resolution of Grievances and Appeals for Actions defined in 3.1(A)(1) below. Alliance shall be responsible for resolution of Grievances and Appeals for all other Actions with the exception of Actions with respect to mental health benefits, which will be the sole responsibility of the County.