Page 54

DEO LIHEAP Policies and Procedures Manual Page 54

.03 Appeals Process At a minimum, a subrecipient’s appeals process must provide an opportunity for an applicant or client to file a written appeal or complaint with Recipient’s Program supervisor within ten (10) working days of receipt of the written Notice of Denial and Appeal or the written Notice of Approval and Appeal: A. Upon receipt of a validly filed appeal or complaint, subrecipient must respond in writing within ten (10) working days. B. The applicant or client may appeal subrecipient’s first response by filing its objections with the subrecipient’s Director, Executive Director or Board Chair, as applicable, within five (5) working days of receipt of the first response. C. Upon receipt of a validly filed objection to the first response, subrecipient must respond in writing within ten (10) working days. The response must clearly state the final outcome of the appeal, emphasize that the decision is final, and, if applicable, the circumstances under which the applicant or client may re-apply for services. .04 Fair Hearing Procedures A. Right to a Fair Hearing LIHEAP Assurance 13 provides an opportunity for a fair administrative hearing to applicants whose claims for assistance were denied or were not acted upon with reasonable promptness.

B. How Applicants Appeal If They Have Been Denied Assistance (1) Hearing Request – Local Level: a. If the applicant feels that their application was denied unfairly, then they can ask for an informal conference at the local LIHEAP provider within thirty (30) days of receiving their denial notice. This can be done by completing the Fair Hearing Application and submitting it to the local subrecipient.

b. Hearings can be requested by the applicant, an authorized representative, friend, relative, or legal representative.

c. The applicant must contact their local provider to find out how to obtain the Fair Hearing Application. DEO does not have access to applicant records and is unable to provide any further information about applications or status.

(2) The State Fair Hearing Review Process: a. If the applicant is not satisfied with the Local Subrecipient Level decision, they can request a State review within thirty (30) days of the