(a) The Division shall provide an opportunity for a hearing for: - (i) An eligible entity applying for designation as a planning and service area whose application has been denied.
- (ii) An eligible entity whose application for designation as a planning and service has been approved, but the designation of an area agency on aging has been withheld by the Division.
- (iii) A grantee/contractor who was providing nutritional services under the Older Americans Act before 1978, and whose application has been denied.
- (iv) Any other grantee/contractor whose application to provide services has been denied.
- (v) A grantee/contractor under termination, suspension, reduction of funds, or audit exception by the Division for failure to comply with the terms of the grant or contract.
- (vi) An individual after exhaustion of the local hearing process, if:
- (A) The individual believes that he or she has been denied a service that is available under the grant/contract because the local policy is stricter than the federal or state law or policy covering either the service or eligibility; and
- (B) The individual has already requested and been denied a hearing from the grantee/contractor; or
- (C) The grantee/contractor has conducted a hearing and found against the individual.
(b) If an eligible entity, grantee/contractor or individual seeks a hearing because of any Division action taken pursuant to Section 4(a) (i)-(vi) of this Chapter, the individual, grantee/contractor, or eligible entity must: - (i) Submit a written request to the Division not later than thirty (30) calendar days following the receipt of notice of action taken by the Division or grantee/contractor, pursuant to Section 4(a)(i)-(v). The written request must include, as a minimum:
- (A) A statement of the action taken by the grantee/contractor or Division;
- (B) An outline of the reasons for questioning the action taken by the grantee/contractor or Division; and
- (C) A summary statement of any new or unique situations occurring after the determination was made that could have an impact on the decision.
(c) The Division shall, within thirty (30) days following the receipt of a request for a hearing: - (i) Notify all parties of the time, date and place of the hearing, which shall be set not later than ninety (90) days after the receipt of the request for the hearing;
- (ii) Appoint an impartial hearing officer;
- (iii) Enter an order within fifteen (15) days of the hearing, based upon findings of fact and conclusions of law, prepared by the impartial hearing officer; and
- (iv) Send written notification of the order to all parties by certified mail.
(d) The Contestant shall: - (i) Present his/her arguments refuting the basis for the denial of service area, designation, or approval of a grant or contract.
- (ii) Have an opportunity to be represented by legal counsel or any other representative of their choosing;
- (iii) Have an opportunity to present witnesses and evidence and to question the witnesses and evidence offered by the Division.
- (iv) Provide to the Division access to the individual's, grantee's or eligible entity's records containing information not yet submitted to the Division, but relevant to the contested action; and
- (v) Provide to the Division an opportunity to question the witnesses and evidence offered by the contestant.
(e) The Division may terminate formal hearing procedures at any point if the Division and the contestant negotiate a written agreement resolving the issue(s) that led to the hearing, or when the contestant withdraws, in writing, his/her request for a hearing.
(f) If the proposed action would suspend or terminate the contract, grant or services already being provided to the contestant, funding or provision of services shall be continued until an order is entered by the Division.
(g) Payment provided to the contestant while the decision is under appeal will be repaid to the Division or grantee by the contestant within thirty (30) days after a Division order finding against the contestant has been entered.