Current through Register Vol. XLI, No. 50, December 13, 2024
Section 76-1-4 - Request for Bureau of Senior Service Hearing/Appeal4.1. The Bureau of Senior Services shall provide an opportunity for a hearing to: 4.1.1. Any applicant for designation as a planning and service area under § 45CFR1321.39 whose application is denied.4.1.2. Service providers identified in Section 3.2. whose contract/grant has been suspended, terminated, or non-renewed.4.1.3. The Bureau of Senior Services shall provide an opportunity to service providers to appeal the decision of the Area Agency on Aging as specified in Section 3.1.4.2. Request for hearing. 4.2.1. If an entity wants a hearing/appeal, it must file a written request for a hearing with the Bureau of Senior Services within ten (10) working days following the receipt of the notice of adverse action.4.2.2. A written request for a hearing shall contain the following information: 4.2.2.a. The name, address and telephone number of the complainant.4.2.2.b. The name, address and telephone number of the respondent.4.2.2.c. A concise statement of the complaint.4.2.2.d. A statement of all relevant facts and the grounds on which the complaint is based.4.2.2.e. The relief being sought.4.3. Scheduling of the hearing.4.3.1. Upon receipt of a request for a hearing/appeal, the Bureau of Senior Services will appoint an impartial hearing examiner to conduct the hearing.4.3.2. The Bureau of Senior Services must complete the hearing process within sixty (60) working days of the date the request for hearing was received by the State Agency.4.3.3. The hearing examiner shall notify the complainant and respondent, in writing, of the date, time and location of the hearing, allowing for at least ten (10) working days notice to be given to the parties and their representatives.4.4. Prehearing discovery. 4.4.1. The hearing examiner shall disseminate a copy of the complainant's request for hearing to respondent and all relevant parties to the appeal.4.4.2. The hearing examiner shall request, from the respondent, written statements in response to complainant's statement.4.4.3. The hearing examiner shall see that all relevant parties have received written statements from all other relevant parties.4.5. Conduct of the hearing.4.5.1. A hearing examiner appointed by the Bureau of Senior Services shall preside at the hearing. Formal rules of evidence shall not apply at such hearing.4.5.2. The purpose of the hearing shall be: 4.5.2.a. To give both complainant and respondent an opportunity to appear in person and present testimony, witnesses and documentary evidence relevant to the issue in question.4.5.2.b. To give both complainant and respondent an opportunity to cross-examine the opposing party's witnesses.4.5.3. The hearing examiner shall have the following responsibilities: 4.5.3.a. To assure that all documents and records presented or referred to during the course of the hearing are made part of the record.4.5.3.b. To assure that a stenographic and tape recording be made of all proceedings. The tape shall be retained for a period of one (1) year.4.6. Order of the hearing. 4.6.1. The hearing examiner shall open with a statement of the following:4.6.1.a. The purpose of the hearing.4.6.1.b. The procedure the hearing will follow.4.6.1.c. The way the decision will be transmitted to the parties.4.6.2. The hearing examiner shall ask each party to state the issue being contested.4.6.3. The complainant or its representative shall present its case through witnesses or documentary evidence. The respondent shall be offered the opportunity to cross-examine any witness.4.6.4. The respondent or its representative shall present its case through witnesses or documentary evidence. The complainant shall be offered an opportunity to cross-examine any witness.4.6.5. At any time the hearing examiner may question any witness in order to clarify the witness' testimony.4.6.6. The hearing examiner shall give each party an opportunity to make a closing statement before terminating the hearing. Both parties shall have the option of submitting written argument should they so choose.4.6.7. The hearing may be adjourned and continued to another date at the discretion of the hearing examiner.4.6.8. The Bureau of Senior Services may terminate formal hearing procedures at any point if the Bureau of Senior Services or the agency or organization that requested the hearing negotiated a written agreement that resolves the issues which led to the hearing.4.7. The decision. 4.7.1. The hearing examiner shall submit an impartial, written recommendation to the Bureau of Senior Services, setting forth the reasons for and the evidence on which the recommendation is based. The recommendation shall be submitted within ten (10) working days following the conclusion of the hearing; provided, should the parties agree to waive this timeline, the parties, subject to the approval of the hearing examiner, may expand the period for issuance of the decision a reasonable period of time.4.7.2. The Bureau of Senior Services shall review the recommendation of the hearing examiner and render a decision.4.7.3. The Bureau of Senior Services shall issue the written decision within five (5) working days following the receipt of the hearing examiner's recommendations. The decision shall set forth the reasons for the decision and the evidence on which the decision is based, along with any necessary instructions to facilitate the implementation of the decision.4.7.4. Copies of the decision shall be sent to all parties.4.8. Final appeal.4.8.1. The hearing/appeal before the Bureau of Senior Services is final and exhausts all administrative remedies.