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181

CHAPTER 8 APPEALS and FAIR HEARINGS

8.1 The Client Appeal The applicant/client is given an opportunity to request a fair hearing in compliance with the Civil Rights Act of 1964. They may appeal any decision that results in the denial or termination of services, provided that decision is not based solely on lack of available funds or on the natural ending of services at the end of an eligibility period. Lack of funding or the natural ending of services at the end of an eligibility period are not negative actions taken by the Child Care Scholarship Program and will not be allowed to be reasons a client requests an appeal. In instances where a client requests an appeal based on lack of funding or ending of services, the appeal will be dismissed. Client appeal hearings are held by the agency that makes the decision that the client is appealing. A fair hearing must be requested in writing and must be made within 30 days from the date of the negative action. The request may be made by the client/applicant or a person acting on their behalf, such as a legal representative, relative, or friend. Staff must not impede, limit, or interfere in any way with the client’s right to request a fair hearing. During an appeal process, the client is responsible for paying for their own child care arrangements. Child Care Scholarship Program child care services will resume if the decision is in favor of the client.

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Page 181

Official source

181

CHAPTER 8 APPEALS and FAIR HEARINGS

8.1 The Client Appeal The applicant/client is given an opportunity to request a fair hearing in compliance with the Civil Rights Act of 1964. They may appeal any decision that results in the denial or termination of services, provided that decision is not based solely on lack of available funds or on the natural ending of services at the end of an eligibility period. Lack of funding or the natural ending of services at the end of an eligibility period are not negative actions taken by the Child Care Scholarship Program and will not be allowed to be reasons a client requests an appeal. In instances where a client requests an appeal based on lack of funding or ending of services, the appeal will be dismissed. Client appeal hearings are held by the agency that makes the decision that the client is appealing. A fair hearing must be requested in writing and must be made within 30 days from the date of the negative action. The request may be made by the client/applicant or a person acting on their behalf, such as a legal representative, relative, or friend. Staff must not impede, limit, or interfere in any way with the client’s right to request a fair hearing. During an appeal process, the client is responsible for paying for their own child care arrangements. Child Care Scholarship Program child care services will resume if the decision is in favor of the client.