Sec. 10.02.03.04. Request for an Appeal Hearing

A. Any individual, either himself or through a representative, may request an appeal hearing by giving a clear statement, in writing, to any financial agent of the Division that he desires an opportunity to present for review any matter which is the proper subject of an appeal hearing as provided in Regulation .02. This statement shall be forwarded immediately to the Chief of Reimbursements. When the Division receives a request for a hearing, it shall assist the appellant in submitting and processing the request.

B. The Division shall promptly acknowledge any request for an appeal hearing and shall thereafter set forth in writing the date, time, and place of the appeal hearing, after consulting with the Office of Administrative Hearings. The acknowledgement shall include the information specified in Regulation .03B of this chapter.

C. If any party notifies the Division that the time designated by the Division is not convenient to the party, and requests a different time for the hearing, the Office of Administrative Hearings shall designate another time convenient to the parties if it deems that the party has sufficient reason for requesting the change.

D. A request for an appeal hearing may not be granted unless it is made within 30 days of the receipt of the notification specified in Regulation .03A of this chapter or, if Regulation .03A does not apply, within 30 days following the conclusion of the action or inaction which is the subject of the appeal.

E. The Division may dismiss a request for an appeal hearing when it has been withdrawn in writing by the appellant or his representative, or abandoned. An appellant shall be deemed to have abandoned his request if he does not appear for the hearing on the established date.