16 Del. Admin. Code § 6003-15.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 6003-15.0 - Appeals15.1 Whenever a program takes adverse action against a participant, the participant may appeal the adverse action to the program's director by submitting a written request on the form approved by the Division no more than 10 days after receiving written notice of the adverse action from the program.15.2 Except if submitted according to subsection 15.1 of this regulation, a program must not consider an appeal.15.3 A program director must review an appeal no more than five days after receiving the appeal. The program director's review must be based on the form submitted under subsection 15.1 of this regulation and contemporaneous documentation and records. A program is not required to conduct a hearing.15.4 No more than 10 days after receiving an appeal, and after conducting a review under subsection 15.3 of this regulation, a program director must issue a written decision that contains at least the following:15.4.1 A concise statement of the adverse action.15.4.2 A concise statement of the appeal.15.4.3 If applicable, a summary of the evidence.15.4.4 The decision of the program director to take one of the following actions: 15.4.4.1 Dismiss the appeal.15.4.4.2 Grant the appeal.15.4.4.3 Partially grant the appeal and modify the adverse action.15.5 Notice of a decision issued under subsection 15.4 of this regulation must be given to a participant. The notice must include a copy of the written decision. A program must maintain a copy of a decision.15.6 If a program director does not issue a decision within the time provided under subsection 15.4 of this regulation, the appeal is automatically granted and the adverse action is void.15.7 A participant may appeal a program director's decision by submitting a written request on the form approved by the Division no more than 10 days after receiving notice of the decision under subsection 15.5 of this regulation.15.8 Except if submitted according to subsection 15.7 of this regulation, the Division must not consider an appeal.15.9 The Division Director shall appoint a review committee consisting of three Division staff to consider appeals made under subsection 15.7 of this regulation. The committee must meet at least monthly.15.10 The committee's members must review the available record. The Division is not required to conduct a hearing. At the meeting, the committee must, by majority vote, make one of the following determinations: 15.10.1 To dismiss the appeal.15.10.2 To grant the appeal.15.10.3 To partially grant the appeal and modify the adverse action.15.11 The Division must notify the participant and the program in writing of the review committee's determination under subsection 15.10 of this regulation.15.12 The determination of the review committee is Final.16 Del. Admin. Code § 6003-15.0
25 DE Reg. 783( 2/1/2022) (Final)