§ 2050.52. Appeals and fair hearings for applicants and clients.
(a) Except as provided otherwise in this chapter, Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) applies to the provision of adult services; it may not be replaced by an internal hearing procedure established by a county or provider.
(b) To retain the right to appeal and request a Departmental fair hearing, applicants and clients are bound by the following requirements:
(1) If an applicant is found to be ineligible for the particular adult service requested, the applicant retains the right to request a Departmental fair hearing only if the hearing request is postmarked no later than 30 days following the date the written notice is mailed or hand-delivered to the applicant.
(2) The effective date of a reduction or termination from service for a client found to be ineligible for the particular service or level of service will be the 15th day following the date the written notice is mailed or hand delivered to the client.
(3) If a client found to be ineligible elects to appeal a reduction or termination from service:
(i) Service to the client may not be reduced or terminated pending the outcome of the hearing if the hearing request is postmarked no later than the 10th day following the date the notice is mailed or hand delivered to the client.
(ii) Service will be reduced or terminated as scheduled if the hearing request is postmarked after the 10th day and no later than the 30th day following the date the written notice is mailed or hand delivered to the client, but the client retains the right to request a fair hearing.
(4) A client found to be ineligible for the service or level of service requested relinquishes the right to request a fair hearing if the hearing request is postmarked after the 30th day following the date the written notice is mailed or hand delivered to the client.
(5) If the date for action specified in paragraphs (1)—(4) falls on a weekend or State holiday, the action shall be taken on the next working day.
(c) Providers shall immediately reinstate the client to the status held before the adverse action was taken if notified to do so by the Office of Hearings and Appeals.
(d) An applicant or client does not have the right to appeal simply on the basis that:
(1) A change in State or Federal law or regulation excludes the person from service.
(2) The service requested is not currently available in the county of the person’s residence.
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