Current through December 3, 2024
Section 180-RICR-10-00-2.10 - Rights to AppealA. A resident or his/her fiduciary who is not in agreement with the maintenance fee assessment or any other determination made pursuant to these rules and regulations may request an informal review by the Assistant Administrator. 1. A resident or his/her fiduciary shall make an oral or written request for such an informal review at the Business Office of the Home within ten (10) days of receipt of the maintenance fee assessment or other determination. The determination of the Assistant Administrator is subject to further informal review by the Associate Director upon oral or written request to the Office of the Associate Director within ten (10) days of the determination of the Assistant Administrator.2. If a resident or his/her fiduciary is aggrieved by the determination of the Associate Director, he/she may within ten (10) days thereof file a written request for a formal hearing before the Director of Veterans Affairs or his or her designee. This formal hearing shall be conducted in accordance with the provisions of the Rhode Island Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) which require, in part, that a record of hearing be made and that all parties be afforded the opportunity to respond and present evidence and argument on all issues involved. The decision of the Director or his or her designee shall be in writing and a copy thereof delivered or mailed to each party.3. If a resident or his/her fiduciary is aggrieved by the decision of the Director or her designee, he/she may seek judicial review of the decision in the Superior Court of the State.4. If a resident or his/her fiduciary requests an informal review or formal hearing, he/she may be represented by an authorized representative, such as legal counsel, relative, friend, or other person.180 R.I. Code R. 180-RICR-10-00-2.10