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10-148 Chapter 6 page 55

Hearing. 6. Written request for an Administrative Hearing on establishment of the Overpayment must be received by the Department within ten (10) calendar days of the notice date. Such written requests shall stay recovery actions until issuance of a decision as a result of the Administrative Hearing. Full repayment of the Overpayment is due within thirty (30) days of any final decision that the Department was correct when it determined a Parent or Child Care Provider was subject to recoupment of an Overpayment. 7. If the Child Care Provider does not actively receive Child Care Affordability Program payments, the Department shall recover the Overpayment through the quickest means possible and through those mechanisms available by law as with other program Overpayments. 8. If the Parent or Child Care Provider does not comply with any repayment plan, the Department may, to the extent allowed by law, take appropriate action to recover such Overpayment, up to and including termination from the Child Care Affordability Program. 9. If the Parent is unable to make a lump sum repayment but is otherwise eligible for the Child Care Affordability Program, the Department may approve a repayment plan with the Parent or Provider of up to twenty percent (20%) of the amount owed paid weekly until the Parent or Provider has repaid the Overpayment. 10. The repayment plan is subject to income eligibility review at any time. SECTION 12: ADMINISTRATIVE HEARINGS 1. Any person who is denied service, has services reduced or terminated or is denied participation in CCAP by the Department has the right to a State agency hearing. The Commissioner has delegated to the Division of Administrative Hearings the responsibility to conduct State agency hearings. The State agency hearing shall be conducted in accordance with the current Administrative Procedure Act promulgated rules for State agency hearings. 2. The Department shall give written notice within thirty (30) calendar days of request for service to all persons who are denied services, using a form approved by the Department. 3. In all instances, notices of denial of service shall contain the Parent’s or Provider’s hearing rights. 4. The following actions shall not be subject to a State agency hearing on denial of service: a. The service(s) requested are not within the Department’s service or