Section 75-1-011 - APPEALS PROCESS011.01 Applicants or subgrantees may appeal an adverse funding decision to the Commission. Appeals are limited to the following grounds:011.01A Partial denial of funding amount requested;011.01B Denial of proposed use of funds;011.01C Full denial of application that results in refusal of funding; or011.01D Grant funds have been terminated.011.02 The basis for an appeal shall be limited to one or more of the following grounds: 011.02A The decision being appealed was biased, arbitrary or prejudiced against the applicant County or Indian tribe;011.02B The decision being appealed was reached without following procedures outlined in this chapter; or011.02C The decision being appealed was reached without adherence to statutory requirements as specified in the Juvenile Services Act.011.03 Notice of an appeal must be made in writing and submitted to the Director of the Community-based Juvenile Services Aid Program or his or her designee within ten (10) working days of receipt of final funding decision or termination of funding notification. Notice of an appeal shall identify the basis for the appeal, and will inform the Director of the Community-based Juvenile Services Aid Program of the intent to file a full written appeal.011.04 A full written appeal will detail the basis for the appeal, and include an explanation of why the proposed use of funds satisfies the requirements of this chapter. The full written appeal will be submitted to the Director of Community-based Juvenile Services Aid Program within (20) working days of the notice of appeal. 011.04A All proceedings shall be conducted in accordance with the Administrative Procedures Act, Nebraska Revised Statute 84-901 et seq. and with Title 53 of the Nebraska Administrative Code, Chapter 4, as they relate to the pleadings, notice, ex parte communications, prehearing conferences, discovery and the progression of the actual contested case at hearing.011.04B The burden of demonstrating that an appealed decision should be reversed is on the party filing the appeal. The burden of proof shall be by a preponderance of the evidence.011.04C Should the applicant or subgrantee filing the appeal fail to meet deadlines to submit either the notice of appeal or the full written appeal, the appeal will be considered waived and the funding decision shall be final.011.05 The hearing shall be conducted before the Commission at its next available quarterly meeting. On appeal, the Commission will take into consideration the written appeal of the appellant, all recommendations for funding made during the application review process, and testimony from parties made during the appeal hearing. The final appeal decision shall be determined by a majority vote of the Commission.75 Neb. Admin. Code, ch. 1, § 011