Current through October 16, 2024
Section 16a-41(b)-16 - Appeals(a)Desk Review(1) The Desk Review shall be the initial step in the grievance resolution process when as a result of an action or decision by the service provider agencies:(A) An applicant household has been denied assistance;(B) An applicant or service recipient is aggrieved because the service provider agency failed to notify the household of the decision of eligibility or ineligibility within twenty-eight (28) days, excluding state designated holidays, of the date of application;(C) A service recipient is aggrieved because he or she believes that an incorrect level of assistance has been awarded. It is not necessary for an applicant or service recipient to have a desk review to change its rental option if the applicant or service recipient has moved.
(D) A service recipient is aggrieved because assistance has been discontinued.(2) Process for a Desk Review (A) A request for a desk review shall be in writing to the executive director of the service provider agency and shall be signed by the aggrieved.(B) A request for a desk review shall be mailed within sixty (60) days of the mailing date of the decision being appealed or within sixty (60) days of the occurrence or the discovery of the occurrence, of the action complained of, but no later than the end of the program year.(C) Notwithstanding the provisions of Section 16a-41(b) -16 (a) (2) (B), all applicants or service recipients who request a desk review prior to the end of the program year shall be afforded a full sixty (60) days from the date of the desk review to request a fair hearing.(D) The executive director, or any supervisor he designates, who has not participated in the original decision regarding the recipient's eligibility, shall make a finding based on the desk review.(E) The applicant or service recipient may withdraw the request for a desk review if a satisfactory resolution of the matter has been reached.(F) Within fifteen (15) days, excluding state designated holidays, from the date of the receipt of the request, the service provider agency person responsible for the desk review shall make a decision based on an evaluation of the evidence as submitted at the time of application and shall notify the recipient in writing, on a form provided by the Department, of the decision. This written statement shall state the reason(s) for the decision.(b)Fair Hearings(1) An aggrieved applicant or service recipient shall be given notice of the right to request a fair hearing from the Department.(2) An aggrieved applicant or service recipient shall be given an opportunity for a fair hearing in accordance with Conn. Gen. Stat. Sections 17-603 and 17-604, as same may be amended. The Department's fair hearing procedures are governed by applicable provisions of the Uniform Administrative Procedures Act and the agency's separate fair hearing regulations.Conn. Agencies Regs. § 16a-41(b)-16