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EAP Policy Manual FFY23 Chapter 10 Incidents and Appeals Page 12 Applicants may initiate an appeal if: • The application was denied, or • The application received no action in the appropriate timeframe, or • Incorrect facts or improper procedures were used to determine eligibility, assistance amounts, or services, or • The Energy Related Repair services at the time of completion or final inspection were not adequate or were inappropriate. • The remedies available at one of the appeals process must be exhausted before an appeal can be made to the next stage. An applicant may withdraw an appeal at any time during the process with written notice. Appeal Timelines • Applicants have 30 calendar days from the time they receive their notification letter to submit a local level formal appeal in writing to their local Service Provider. • Service Providers have 20 calendar days to respond to a written local level formal appeal. • Applicants have 20 calendar days to submit a written appeal to the Commerce State Office to appeal the Service Provider’s local level formal appeal decision. • Commerce has 20 calendar days to respond to a continued appeal at the Commerce State Office stage. The 20 calendar days begins when all applicant file and appeal information is received by Commerce from the Service Provider. • Applicants have 20 calendar days to appeal the Commerce State Office appeal decision. • Commerce has 20 calendar days from receipt of the applicant’s appeal of the Commerce State Office appeal decision to refer the appeal to the Office of Administrative Hearings. Service Provider Procedures (Stages 1 and 2) The Service Provider is responsible for the first two stages of the appeal process. • Stage one is a local level informal complaint to which the Service Provider may respond verbally. • Stage two is a written local level formal appeal. The Service Provider must have a local written procedure for handling and responding to complaints and appeals including: • Informing applicants how to file informal complaints and formal appeals. • Informing applicants how the Service Provider will assist them in preparing their appeal.