Section 400-3-004 - APPEAL OF DISALLOWED CLAIMS When a claim is disallowed by the Deputy or Designee, the applicant may request reconsideration. To request reconsideration, the applicant must send the request for reconsideration to the Director, in writing within fifteen (15) business days from the date the decision was mailed by the Department. The applicant must provide reasons why the application should be reconsidered. The Director or his or her designee will affirm, modify or reverse the decision of the Deputy Director or Designee and the applicant will be notified of the decision.
004.01 An applicant may appeal the decision made by the Director or his or her designee to disallow a claim to the Commission.004.02 The applicant may, within fifteen (15) business days after the notice of the decision from the Director or his or her designee was mailed by the Department, file with the Chairman of the Commission a written notice of appeal setting forth facts and grounds for the appeal.004.03 The Commission shall convene to hear the appeal of a denial for aid from the Fund. 004.03A The Chairperson of the Commission shall fix a time and place for the hearing, which shall not be later than three (3) months following the date of filing the request for appeal.004.03B The Chairperson of the Commission may convene either an in person or virtual hearing.004.03C The applicant may appear in person at the hearing and/or be represented by legal counsel.004.03D The applicant shall be granted the opportunity to present either oral or written testimony in support of the claim, whether or not same testimony has previously been submitted.004.03E The Director, or his designee or legal counsel, shall have the right to rebut or explain any testimony which might be submitted.004.03F The Commission shall have the power to grant a continuance of the hearing to afford either the applicant or the Director, his or her designee, or legal counsel, the opportunity to present additional evidence.004.04 Following the hearing, the Commission shall make its findings, and may affirm, modify or reverse the decision of the Director or his or her designee.004.04A The findings and decision of the Commission shall be final and will be reported by the Commission to the Director and the applicant.004.04B The Director will comply with the decision of the Commission within ten (10) business days after receipt of its findings and decision.400 Neb. Admin. Code, ch. 3, § 004
Adopted effective 9/20/2023