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Child Care Assistance Program Policy Manual Issued 07/2023 Family and provider appeal rights 15.6 Family When an action is taken against a family, provide the family with written information on: • The right to an informal conference with the CCAP agency to attempt to resolve the dispute. • The right to appeal to the CCAP agency or directly to the Department of Human Services (DHS) Appeals Division for a fair hearing. • How to file an appeal. Appeal rights (DHS-3353) explains family appeal rights and is printed on the back of notices issued by the Issuance Operation Center (IOC) in instances when a family has appeal rights. If a manual notice of adverse action or termination is sent to a family for an action against the family, include a copy of the Appeal rights (DHS-3353). Families do not have appeal rights for actions taken against a provider. Provider A provider who receives child care assistance has different due process rights depending on the action taken. Providers do not have appeal rights for actions taken against a family. Fair hearing A provider may request a fair hearing for: • Denial or closure of a registration, except when the action entitles the provider to a contested case hearing, an administrative review, or an administrative reconsideration (see below) • The basis for an overpayment, amount of an overpayment, and the level of recoupment or recovery • The start of an administrative disqualification (see information below about administrative disqualification hearings) • Disagreement over the amount of a payment. When an adverse action is taken against a child care provider, and the provider has a right to a fair hearing, provide the provider with written information on: • The right to appeal to the Department of Human Services (DHS) Appeals Division for a fair hearing. • The time frame in which the provider must request an appeal in order to be considered timely. • The items that must be included in the provider’s appeal request.
Appeal rights for Child Care Assistance Program providers (DHS-4018) explains provider appeal rights and is printed on the back of notices issued by the Issuance Operation Center (IOC) in instances when a provider has a right to a fair hearing. If a manual notice of adverse action or termination is issued to a provider for an action against the provider, include a copy of the Appeal rights for Child Care Assistance Program providers (DHS- 4018).