Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 87 - Healthy Families Iowa (HFI) › Rule 641-87.7 - Applicant Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Right of appeal.
The right to appeal shall be granted when an
			 applicant's application to participate is denied. The right to appeal shall
			 also be granted when, during the course of the contract or agreement period, a
			 contractor is disqualified or any other action that affects participation is
			 taken. For participating contractors, a minimum of 60 days' advance notice
			 shall be given before the effective date of the action.
(2)
Request for hearing.
An
			 appeal is brought by filing a written request for a hearing with the Division
			 Director, Division of Health Promotion and Chronic Disease Prevention, Iowa
			 Department of Public Health, Lucas State Office Building, Des Moines, Iowa
			 50319-0075, within ten days of receipt of notification of the adverse action.
			 The written request for hearing shall state the adverse action being
			 appealed.
(3)
Contested
			 cases.
Upon receipt of an appeal that meets contested case status, the
			 appeal shall be forwarded within five working days to the department of
			 inspections and appeals pursuant to the rules adopted by that agency regarding
			 the transmission of contested cases. The information upon which the adverse
			 action is based and any additional information that may be provided by the
			 aggrieved party shall also be provided to the department of inspections and
			 appeals.
(4)
Notice of
			 hearing.
The administrative law judge (ALJ) shall schedule the time,
			 place and date of the hearing as expeditiously as possible. Hearings shall be
			 conducted by telephone or in person in Des Moines at the Lucas State Office
			 Building or another suitable location. If necessary, parties will be provided
			 at least two opportimities to have the hearing rescheduled.
(5)
Conduct of hearing.
The
			 hearing shall be conducted according to the procedural rules of the department
			 of inspections and appeals found in 481-Chapter 10, Iowa Administrative
			 Code.
(6)
Decision.
A written decision of the ALJ shall be issued, when
			 possible, within 60 days from the date of the request for a hearing imless the
			 parties agree to a longer period of time. The decision of the ALJ shall be
			 served by certified mail, return receipt requested, or delivered by personal
			 service. That proposed decision and order then becomes the department's final
			 agency action, without further proceedings, ten days after it is received by
			 the aggrieved party unless an appeal to the director is filed as provided in
			 subrule 87.7(7).
(7)
Appeal
			 to director
Any appeal to the director for review of the proposed
			 decision of the ALJ shall be filed in writing and mailed to the Director, Iowa
			 Department of Public Health, Lucas State Office Building, Des Moines, Iowa
			 50319-0075, by certified mail, return receipt requested, or delivered by
			 personal service within ten days after the receipt of the ALJ's proposed
			 decision by the aggrieved party. A copy of the appeal shall also be mailed to
			 the ALJ. Any request for an appeal shall state the reason for appeal.
(8)
Record of hearing.
Upon
			 receipt of an appeal request, the ALJ shall prepare the record of the hearing
			 for submission to the director of the department. The record shall include the
			 following:
a. All pleadings, motions, and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings thereon.
e. All proposed findings and
			 exceptions.
f. The proposed
			 decision and order of the hearing officer.