WAC 388-825-120. When may I appeal a decision made by the developmental disabilities administration?

(1) You, your legal representative, or your authorized representative may appeal a decision made by DDA if you are an applicant, a client, or a former client. (2) You have the right to an administrative hearing to dispute the following DDA actions: (a) Approval, denial, reduction, or termination of services; (b) Approval, denial, or termination of eligibility; (c) Approval, denial, reduction, or termination of payment of SSP authorized by DDA set forth in chapter 388-827 WAC; (d) Admission or readmission to, or discharge from, a residential habilitation center set forth in WAC 388-825-155 ; (e) Refusal to abide by your request that we not send notices to any other person; (f) Refusal to comply with your request to consult only with you; (g) Denial of payment to your provider for any reason under WAC 388-825-375 ; (h) Termination of your provider's contract for any reason under WAC 388-825-385 or 388-825-390 ; (i) An unreasonable delay to act on an application for eligibility or service; (j) A claim that you owe an overpayment debt; (k) Action related to the community protection program under WAC 388-831-0300 ; (l) An exception to rule decision if: (i) The total number of service hours you are currently receiving includes hours approved as an exception to rule in addition to the number of hours available to you under program rule or DDA assessment; and (ii) The total number of service hours you are currently receiving is reduced because of a reduction or termination in the number of hours approved as an exception to rule. (3) Except as allowed under subsection (2)(l) of this section, you do not have a right to appeal the department's denial of an exception to rule request. (4) If you appeal a decision made by the developmental disabilities administration, your appeal is governed by this chapter and: (a) Chapter 34.05 RCW; (b) Chapter 71A.10 RCW; and (c) Chapters 388-02 or 182-526 WAC, as applicable. (5) If any provision in this chapter conflicts with chapters 388-02 or 182-526 WAC or WAC 388-440-0001 (3), the provision in this chapter prevails. (6) If you receive personal care services under chapter 388-106 WAC that are authorized by DDA, the appeal provision in WAC 388-106-1315 applies. (7) If you are not enrolled in a waiver and your request to be enrolled in a waiver is denied, your appeal rights are limited under WAC 388-845-4005. (8) If you are enrolled in a waiver and your request to be enrolled in a different waiver is denied, your appeal rights are limited under WAC 388-845-4005.