Section 26.5-4-108 - Appeals(1)(a) If a county department does not act on an application for child care assistance within a reasonable time after the application is filed, or if a county department denies an application in whole or in part, or if a county department suspends, terminates, or modifies a grant of child care assistance, the applicant or recipient, as the case may be, may appeal to the department in the manner and form prescribed by department rules. Every county department shall adopt procedures for the resolution of disputes arising between the county department and an applicant for or recipient of child care assistance prior to appeal to the department. The procedures are referred to in this section as the "dispute resolution process". Two or more counties may jointly establish the dispute resolution process. The dispute resolution process must be consistent with department rules. The dispute resolution process must include an opportunity for all clients to have a county conference upon the applicant's or recipient's request. This requirement may be met through a telephonic conference upon the agreement of the applicant or recipient and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, as long as the department rules include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the department in the manner and form prescribed by department rules. County notices to applicants or recipients must inform them of the basis for the county's decision or action and must inform them of their rights to a county conference under the dispute resolution process and of their rights to state-level appeal and the process for making the appeal.(b) Upon receipt of an appeal, the department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with department rules. The hearing must comply with section 24-4-105, and an administrative law judge must preside.(c) The appellant must have an opportunity to examine all applications and pertinent records concerning the appellant that constitute a basis for the denial, suspension, termination, or modification of child care assistance.(d) The appellant may represent himself or herself or may be represented by legal counsel, or by a relative, friend, or other spokesperson. Representation by a nonlawyer in this circumstance does not constitute the practice of law.(2) All decisions of the department are binding on the county department involved, and the county department shall comply with said decisions.Added by 2022 Ch. 123, §3, eff. 7/1/2022.