Time Limits for Requesting a Hearing

(1) The date of request for a fair hearing is the date on which ORI receives a written statement from the applicant or participant or his or her representative appealing an action or proposed action or failure to act by a Case Management Provider. Receipt by the refugee's Case Management Provider, who shall forward the request to ORI, shall also constitute receipt by ORI. (2) The request for a fair hearing must be postmarked or delivered to ORI or the refugee's Case Management Provider within the following time limits: (a) 45 days from the date of official written notice of action by the Case Management Provider. (b) Unless waived by the ORI Director or his or her designee, 60 days from: 1. The date of application when the Case Management Provider fails to act on an application; 2. The date of request for service when the Case Management Provider fails to act on said request; or 3. The date of Case Management Provider action when the Case Management Provider fails to send official written notice of the action, unless the appellant files an affidavit with the Director of the ORI stating that he or she: a. Did not know of the right to appeal; b. Reasonably believed that the problem was being resolved administratively; c. Was justifiably unaware of the conduct in question; or d. Was unaware of the action taken.