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MS 0530 (1) Volume 1 - General Administration MS 0530 - R. 10/1/19 - OMTL-553 Appeal to the Cabinet Secretary/Secretary’s Designee An appeal to the Cabinet Secretary/Secretary’s Designee is the final administrative review available to a recipient dissatisfied with the decision of the hearing officer. A. Requesting an Appeal. If the recipient disagrees with the hearing decision, the recipient must appeal within 15 days of the date the hearing decision was mailed. The mailing date is the date on the hearing decision. The Cabinet Secretary/Secretary’s Designee, if requested by the recipient, may grant a 10­ day extension to the 15-day time standard, if good cause for the delay is established according to MS 0475. Whenever an appeal is not made within the 15-day time standard, submit a memorandum with the appeal explaining the cause of the delay and request the Cabinet Secretary/Secretary’s Designee to determine if good cause for the delay exists. The recipient's request for appeal may be either a verbal or written request. The date of the verbal request is the date of the appeal; however, any verbal request must be confirmed in writing by the recipient. The written request is a letter from the recipient that is uploaded as an “exception” in the Hearings module. The date the letter is received establishes the date of the request for appeal. Encourage the recipient to make the appeal in the local office or via phone to avoid delay in requesting the appeal within the prescribed time frame. B. Forwarding the Appeal/Exception Request. Attach the appeal request in the Hearings Module as an “exception” document and annotate in comments that an exception was filed by the client. A task will be generated to the Cabinet Secretary/Secretary’s Designee to take appropriate action. Do not send the case record unless it is requested. The Cabinet Secretary/Secretary’s Designee will have the necessary material and tape of the hearing record. C. [Action after Submitting Request. Central Office will mail the client a copy of any exception filed by the Agency. All exceptions filed, regardless of origin, create a task for the Hearings Public Assistance Program Specialist (PAPS) to review. Parties may request permission within seven calendar days from the date of the filed exception to submit written arguments or new evidence regarding the appeal to the Cabinet Secretary/Secretary’s Designee. The Cabinet Secretary/Secretary’s Designee will send Medicaid hearings recipients an acknowledgement letter indicating the receipt the appeal/exception request.] If the Cabinet Secretary/Secretary’s Designee orders a special examination, the recipient is notified of the date, time, and place of the examination, with a copy of the notification sent to the local office. The recipient notifies the local office if they are unable to keep the appointment and the supervisor emails the Cabinet Secretary/Secretary’s Designee to advise and schedule a new appointment.