Page 117

Child Care Subsidy Policy October 1, 2024 110 11.3.2.3. However, child care recipients may still submit a request for a hearing or pre-hearing conference up to 60 days after the action was taken. Child care providers may request a hearing or pre-hearing conference up to 30 days after the action is taken. 11.3.2.4. Recipients of Services. A. If a client requests a hearing during the 13-day notice period, the action should not be taken until the hearing is held and the hearings officer has made a decision. B. If a hearing is requested in response to an increase in fees, a notice of closure for exceeding income guidelines, or a denial of application, fees cannot be reduced, nor services continued due to PATH processes. 11.3.2.5. Providers of Services: If a hearing is requested in response to negative action taken due to health and safety concerns regarding child care children, services will not be continued. 11.4. Procedures for Handling Request for a Hearing. 11.4.1. Requests must be made in writing, using the hearing request form included with the notification letter. Hearings can be requested ONLY by the child care client or provider upon which the negative action was taken. A request for Appeal or Fair Hearing submitted by anyone other than the child care client or provider on which the negative action was taken, will not be considered. Child care client cases are subject to DoHS confidentiality rules. No information regarding a client’s case may be shared with any other person(s) without written release from the client. 11.4.2. A pre-hearing conference shall be offered, and scheduled, if accepted. 11.4.3. The person requesting the hearing must be told that if services continue and the agency is upheld, then the client will have to reimburse the agency for any amounts paid after the effective date of the closure. 11.4.4. The case manager shall submit a (IG-BR-29) Hearing/Grievance Record Information Form, copy of the notification of negative action sent to the client, and copy of the client letter requesting a hearing regarding decision. 11.4.5. The IG-BR-29 must be submitted to the Board of Review within 48 hours of the hearing request. 11.4.6. The CCR&R case manager shall send an email notice to their ECE technical assistance specialist whenever a client or provider requests a hearing. 11.5. Hearing Preparation 11.5.1. The hearings officer will mail notice of the hearing to both parties.