Sec. 10.22.13.02. Definitions  


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  • A. The following terms have the meanings indicated.

    B. Terms Defined.

    (1) Admission.

    (a) "Admission" means the process by which an individual with an intellectual disability is accepted as a resident in a State residential center.

    (b) "Admission" includes the physical act of the individual entering the facility.

    (2) "Hearing" means the administrative proceedings which are conducted to determine whether the conclusions leading to an admission decision were properly drawn.

    (3) "Hearing examiner" means any impartial officer designated by the Secretary of Health to conduct hearings and make administrative decisions in accordance with these regulations.

    (4) "Proponent" means any person who has a legitimate interest in the welfare of an individual who is being served in a program licensed, operated, or funded by the Developmental Disabilities Administration.

    (5) "Reasonable time" means a period after a hearing in which an appropriate program or service shall be made available to an individual in order to avoid admission to a State residential center. This period of time may not exceed 90 days unless there is a program or service which is identified as available to the individual and which will accept the individual for services to begin on a fixed date.