Initiation of an Appeal

(1) An appeal may be initiated by any of the following individuals: (a) The applicant found ineligible for supports, and his or her family, guardian, and attorney, except that if the individual has a guardian, an appeal may only be filed by the individual and his or her guardian and attorney; or (b) The individual for whom the ISP has been developed, his or her family, guardian, and designated representative, except that if the individual has a guardian, an appeal may only be filed by the individual and his or her guardian and designated representative. (2) An appeal is initiated by notifying in writing the Regional Director for the Department Region in which the applicant or individual resides. (3) An appeal must be filed within 30 days after receipt of the eligibility decision or ISP which is the subject of the appeal, except that an appeal on the grounds that the ISP is not being implemented may be initiated at any time. A party is presumed to have received the decision or ISP on the fifth day after it is mailed, unless established otherwise. (4) The applicant or individual who is the subject of the appeal shall be a party, whether or not he or she initiated the appeal.