(a) No provision of this section shall prohibit a client or applicant from working with the Agency prior to the Agency's final action.
(b) Reconsideration shall not be available for the Division's final determinations of eligibility or the Center's decision to discharge a client, which shall become a contested case upon request for a hearing.
(c) Clients or applicants may request that the Center reconsider a final decision regarding an adverse action other than the decision to discharge.
(d) A request for reconsideration shall contain: - (i) The name, address, and telephone number of the person requesting reconsideration; and
- (ii) The reason for the request, including the nature of the agency's action, order, or determination to be reviewed.
(e) Procedure. - (i) Requests for reconsideration shall be mailed to the Center within ten (10) days after the date the contestant receives notice of the action taken.
- (A) The contestant may provide additional information.
- (B) The Program Manager's request for any additional information shall be by certified mail, return receipt requested.
- (I) The contestant or other party submitting additional information shall submit the requested information, or reason for denial of the request, within twenty (20) days of receipt of the Program Manager's request.
- (II) The contestant may, upon a showing of good cause, request additional time to respond to requests for additional information. The Program Manager may grant such requests as the Program Manager deems reasonable and prudent.
- (III) The Program Manager may make reasonable inferences adverse to any contestant's failure to provide or denial of a request to provide additional information.
- (ii) Upon determination that no additional information is necessary, the receipt of all additional information or expiration of the time for receipt of the same, the Program Manager may request a meeting of necessary persons with the client's representative and the client present.
- (A) A client's representative may waive the client's appearance at reconsideration upon a showing of good cause where such good cause is entered into the client's record.
- (B) A contestant may request that additional persons be permitted to attend the reconsideration meeting for purposes of presenting additional information.
- (C) The Program Manager may ask any employee of the Center involved in the client's treatment, care, or interdisciplinary team to explain the Center's action and allow the contestant opportunity to present argument in support of their position. Presentations may be oral or written.
- (iii) The Program Manager shall review the Center's decision, any additional information submitted, and the request of the contestant, and shall send written notice of the Program Manager's final decision by certified mail to the contestant within forty-five (45) days of the receipt of the contestant's request for reconsideration or the provision of additional information, whichever is later.
- (iv) A contestant who fails to request reconsideration as required by this Section may not subsequently request a contested case pursuant to this Chapter.
- (v) A contestant who is aggrieved by the reconsideration process may request an administrative hearing involving any matter at issue for reconsideration. Such request must be hand delivered or sent to the Center within thirty (30) days of receipt of the Center's notice of decision on reconsideration.