Section R. 400.19404 - Community action agencies; required procedures for appeals and appeals hearingsRule 404.
(1) A CAA shall establish an appeals mechanism that provides the opportunity to appeal an application for a low-income service if there has been a partial or complete denial of assistance and if all of the following provisions have been satisfied:(i) The services denied are specific, tangible benefits for which the bureau provides funding.(ii) Funds are currently available.(iii) The grantee has authority to provide or disburse funds.(iv) The applicant has completed a formal, written application for such services.(v) The applicant falls within the program guidelines or believes that he or she can prove that he or she falls within the program guidelines.(2) A CAA, through the action of its governing/advisory board, shall establish and issue an appeals procedure for the items covered by subrule (1)(a) and (b) of this rule that shall include all of the following: (a) Written notice to the applicant, contractor, or service provider of the CAA's action to suspend, terminate, not renew, or deny a contract or service, including a notice of the right to appeal.(b) Notice that information or a criterion on which the CAAs action was based is available for review by affected parties.(c) Notice that the affected party may appear in person or through a designated representative to appeal the grantee's action.(d) Provision for, as the initial step of any appeal, a meeting with the Appeals Committee, which is selected by the governing/advisory board, within 30 days to review items in dispute and seek clarification or resolution to the dispute. A record of the meeting, including relevant facts, shall be maintained and a determination shall be rendered, in writing, by the Appeals Committee and approved by the governing/advisory board.(e) A specification that appeals proceedings shall be conducted within an aggregate time frame of 60 days, within which time all of the following shall occur:(i) A notice of the right to appeal shall be sent to the affected party within 20 days of the grantee's action.(ii) Any formal appeal shall be requested, in writing, by the affected party or parties within 10 days of notice pursuant to the provisions of paragraph (i) of this subdivision.(iii) Upon the receipt of an appeal request, a hearing shall be conducted. The decision rendered shall be provided, in writing, to the affected party or parties.(f) Notice shall be provided that a grantee's hearing decision may be appealed to the bureau and that the bureau shall review and act on the appeal pursuant to the provisions of R 400.19201(5).(g) A description of those circumstances under which a request for appeal hearing may be refused. Such circumstances shall be limited to the failure to comply with the appeal procedures required by this subrule or to lack of standing by the appellant.(3) A CAA, through action of its governing /advisory board shall maintain administrative appeals procedures for items covered by the provisions of subrule (1)(c) of this rule, which shall include all of the following:(a) Written notice to all denied applicants, contractors, or service providers of the administrative appeals process.(b) Written notice that denied applicants, contractors, or service providers may appeal administrative complaints to the grantee's governing advisory board.(c) Written notice to the appellant of the governing /advisory boards determination within 30 days of the appeal's filing date.(d) Written notice of the decision shall include a statement that appellants may appeal the decision to the bureau within 10 days of the written notice provided by subdivision (c) of this subrule.(4) The CAA, before final adoption of its procedures as required by subrules (2) and (3) of this rule, shall first submit the procedure to the bureau for review of content and form.Mich. Admin. Code R. 400.19404