Information Regarding Right To Appeal

(1) Every person against whom an adverse administrative action, as defined in Rule 0465-03-01- .05 (f), has been taken by the department shall be provided a written notice, sent to the last known address of the recipient, which contains the following information: (a) Notice of the department’s adverse administrative action and any intended action as a consequence thereof; (b) A notice of the right to appeal; (c) A description of the appeal options available and the steps by which an appeal can be perfected; and OFFICE OF ADMINISTRATIVE APPEALS CHAPTER 0465-03 (d) A statement of the deadline(s) for the taking of appropriate steps to perfect the appeal and that failure to timely request an appeal will result in a waiver of appeal rights. (2) For a Class I substantiation or three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period, the items listed in subsection (1) above will be included in a letter or notice issued by the department within ten (10) business days following the Class I substantiation, or, if applicable, within ten (10) business days after the determination by DIDD that the third Class II substantiation has occurred. (3) For a referral for placement on the Abuse Registry, the items listed in subsection (1) above will be included in a letter or notice issued by the department within ten (10) business days following the meeting of the Abuse Registry Review Committee at which the substantiated perpetrator’s case was considered. (4) For a Class I substantiation or three (3) or more Class II substantiations in separate investigations for incidents occurring or discovered within a twenty-four (24) month period for which a referral for placement on the Abuse Registry was not made, the items listed in subsection (1) above will be included in a letter or notice issued by the department within ten (10) business days following the meeting of the Abuse Registry Review Committee at which the substantiated perpetrator’s case was considered. (5) The notifications required by subsections (2), (3) and (4) of this rule shall be sent by certified and regular mail to the last known address of the recipient. The notifications will be accompanied by an appropriate response or election form for use by the recipient in responding to the department and exercising or declining his/her rights to appeal.