Request for CCS Fair Hearing.

22 CCR 42180

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22 CCR 42180

§ 42180. Request for CCS Fair Hearing.

(a)

An applicant for or client of CCS whose appeal, submitted in accordance with section 42160, has been denied, may request a CCS Fair Hearing as follows:

(1)

A written request shall be filed with the Director within 14 calendar days of the date of the written appeal decision. The request for CCS Fair Hearing shall be submitted with the written decision rendered in accordance with section 42160, and shall be signed by the applicant or client or legal guardian.

(2)

If the Department determines that the request is not specific or that necessary information is lacking, the Department shall notify the applicant or client within 14 calendar days. The applicant or client shall be granted 14 calendar days after the date of request for information to submit the additional information.

(3)

If the information requested by the CCS agency is not provided by the appellant within 14 calendar days, the Hearing Officer may defer or deny the request for a Fair Hearing.

(4)

The written request for a CCS Fair Hearing may be amended by the applicant or client any time during the 14 calendar day period.

(b)

All late requests for a CCS Fair Hearing shall be denied and the decisions written in accordance with section 42160 shall be final unless the applicant or client upon receiving such denial establishes with the Department, in writing, good cause for the late filing. Decisions regarding good cause shall be made by the Hearing Officer.

(c)

The CCS agency shall supply a copy of the discoverable appeal documents to the Department, the Hearing Officer, and the claimant upon request.

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