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Child Care Subsidy Policy October 1, 2024 108 11.0.5. Appeals and Fair Hearings can be requested ONLY by the person(s) upon whom the negative action was taken. A request for Appeal or Fair Hearing submitted by anyone other than the person(s) upon whom the negative action was taken, will not be considered. Child care client cases are subject to DoHS confidentiality rules. 11.0.6 The WV State Board of Review is designated by WV State Law as the body through which a client or provider may present his/her case to a higher authority. The State Hearing Officer is an impartial official who has not been directly involved in any determination of the action in question. 11.1. Reasons for Hearings. Reasons for hearings fall generally into four categories: denial, reduction, closure, and delay. 11.1.1. Denial –Any time a provider or client claims he or she was excluded from providing or receiving services, including: 11.1.1.1. Denial of the right to apply. 11.1.1.2. Denial of services. 11.1.1.3. Denial of adequate services (i.e., not enough time on the child care certificate, etc.) 11.1.1.4. Denial of benefits due to race, color or national origin, age, sex, religious creed, political beliefs, or disability. 11.1.2. Reduction – Any time the level of service is reduced or limited. 11.1.3. Closure – Any time services are discontinued. 11.1.4. Delay – Any inaction or failure to abide by established timeframes to approve/deny a provider’s or client’s application or redetermination. 11.2. Adequate and Timely Notice of Decisions. Adequate notice of a decision affecting benefits shall be mailed or provided in writing in a face- to-face contact to the applicant. Notice shall be mailed at least thirteen (13) days before the effective date of any action or decision which may be averse to the applicant. 11.2.1. Required Notice Information. The notice must include the following information: 11.2.1.1. The action or proposed action to be taken. 11.2.1.2. The reasons for the action provided in terms readily understandable by the applicant. 11.2.1.3. Citation of relevant policy sections supporting the action taken or proposed.