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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM ADMINISTRATIVE ISSUES 11/18 CHAPTER L PAGE 11

hearing, the time limit is extended by the number of days the hearing is delayed. The maximum period of delay is 30 days.

The decision of the hearing officer shall be final and binding when tendered in writing and shall be implemented regardless of whether a review of the hearing officer’s decision by the Appeals Review Panel has been requested. Administrative action by the local agency to implement a decision must be taken no later that the 10th working day following the date of the hearing decision. If the individual is found eligible for corrective payments, these are to be made by the local agency retroactively to the effective date of the incorrect action being appealed.

The request for the Appeals Review Panel review by either party must be submitted in writing within 10 days following the date of the hearing officer’s written decision with a written statement of the reasons for the objection to the decision. A copy of the review request by the local agency must be submitted to the individual.

The purpose of the Appeals Review Panel is to make recommendations to the Commissioner regarding whether changes are needed to the program manual or in the conduct of future hearings. THE APPEALS REVIEW PANEL CANNOT CHANGE THE DECISION OF THE HEARING OFFICER.

As provided in Section 63.2-519 of the Code of Virginia, a person aggrieved by the decision of the Hearing Officer make seek further review of the decision by the appropriate Circuit Court. An individual must appeal the decision in writing within thirty days from the date the decision was received or the date the decision was mailed to the individual. The request to appeal the hearing officer’s decision should be sent to:

Duke Storen, Commissioner Virginia Department of Social Services 801 E. Main Street Richmond, Virginia 23219

Within thirty days after filing the notice of appeal with the Commissioner, the individual must file a petition for appeal with the appropriate Circuit Court. The individual must make sure that the petition for appeal is served on the Commissioner before the appeal can proceed in Circuit Court. 4. Fraud Fraud is defined as a material representation relating to a past or an existing fact which is false, made with knowledge of its falsity, or in reckless disregard of the truth. The Code of Virginia specifies that: