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(4) the agency requests a waiver in a format provided by the department, and documents to the department’s satisfaction that waiving one of the six-month reviews will not compromise the health, safety, or welfare of the recipient. (Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017, Register 223) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 7 AAC 125.180. Review and appeal rights. (a) A recipient that is terminated from an agency-based personal care services program may appeal that termination through the complaint process established by the personal care services agency. (b) If the assessment under 7 AAC 125.020 indicates that an individual is not capable of managing consumer-directed services because of a lack of cognitive capacity, or if a recipient is terminated from a consumer-directed personal care services program because the recipient lacks cognitive capacity to manage personal care services, the recipient may request a hearing under 7 AAC 49. (c) A recipient may request a hearing under 7 AAC 49

(1) for a decision by the department to

(A) reduce or end the time allowed for a personal care services covered activity on the recipient’s current service level authorization;

(B) deny time on a service level reauthorization for a personal care services activity that was included in a previous service level authorization if that activity is listed in 7 AAC 125.030;

(C) terminate the recipient’s authorization to receive personal care services in accordance with 7 AAC 125.026(d); or

(D) deny personal care services, after review of an initial application under 7 AAC 125.012, because the recipient does not qualify for those services; or

(2) if the application is not acted upon with reasonable promptness. (Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017, Register 223)