Section 427A.466 - Appointment and initial duties of reviewing officer; provision of notice; postponement; withdrawal of request; failure to appear1. If, after the conference is held, the applicant or recipient wishes to continue with the administrative review, the Administrator of the Division will appoint a reviewing officer. Within 15 days after the appointment, the reviewing officer shall establish a date, time and location for the review.2. The Division will mail a notice of the date, time and location of the administrative review to the applicant or recipient or his or her designated representative at least 10 working days before the date scheduled for the review, unless the applicant or recipient or his or her designated representative requests a review in a shorter period.3. If requested by the Division or by the applicant or recipient or his or her designated representative, the reviewing officer may postpone an administrative review for good cause. If the reviewing officer determines that a postponement is warranted, the reviewing officer shall reschedule the administrative review for a date which is not later than 15 days after the original date for the review.4. The applicant or recipient or his or her designated representative is entitled to withdraw the request for an administrative review any time before the reviewing officer renders a decision. The withdrawal must be in writing, dated and signed by the applicant or recipient or his or her designated representative and mailed or delivered to the regional office of the Division which received the request for the administrative review. If an applicant or a recipient or his or her designated representative indicates verbally a desire to withdraw a request for an administrative review, the Division will instruct him or her to submit a written withdrawal.5. The reviewing officer shall cancel the administrative review if the applicant or recipient or his or her designated representative fails to appear for the scheduled administrative review after receiving proper notification. The reviewing officer shall notify the applicant or recipient or his or her designated representative within 1 working day after the failure to appear that the administrative review will be considered cancelled unless the applicant or recipient or his or her designated representative can demonstrate good cause for failing to appear. The applicant or recipient or his or her designated representative must submit the reasons for failing to appear within 10 days after the date of the letter notifying the applicant or recipient or his or her designated representative of the cancellation if the applicant or recipient or his or her designated representative wishes to continue the administrative review. The Administrator of the Division will determine whether good cause has been demonstrated for failing to appear.Nev. Admin. Code § 427A.466
Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007