Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.15 - Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with 441-Chapter 7, each applicant or
				  participant is entitled to appeal and to be granted a hearing over disputes
				  regarding:
(1) services being
				received;
(2)  services which have
				been requested and denied, reduced, canceled, or inadequately provided;
				and
(3) acts of discrimination on
				the basis of race, sex, national origin, religion, age or handicapping
				condition.
(1)
Informal
				resolution process.
When there is a disagreement between the
				participant and the immediate PROMISE JOBS worker regarding the participant's
				FIA or participation in PROMISE JOBS components, the participant may request an
				interview with the supervisor and a decision on the dispute. The supervisor
				shall schedule a face-to-face interview with the participant within 7 days and
				issue a decision in writing within 14 days of the participant's
				request.
(2)
Appeal on the
				content of the family investment agreement.
A participant shall have
				the right to appeal the content of the FIA when the informal resolution process
				described at subrule 93.15(1) does not resolve a disagreement between the
				participant and the PROMISE JOBS worker.
(3)
Appeal of an alleged violation of
				PROMISE JOBS program policy.
Participants shall have the right to file
				a written appeal concerning any alleged violation of a PROMISE JOBS program
				policy that is imposed as a condition of participation. The responsible agency
				shall provide the participant with written documentation that specifies the
				participation requirement in dispute.
(4)
Appeal rights under the limited
				benefit plan.
A participant has the right to appeal the establishment
				of the limited benefit plan only once, at the time the department issues the
				timely and adequate notice that establishes the limited benefit plan. However,
				when the reason for the appeal is based on incorrect grant computation, an
				error in determining the eligible group, or another worker error, a hearing
				shall be granted when the appeal otherwise meets the criteria for
				hearing.
(5)
Recovery of
				assistance when a new limited benefit plan is established.
Assistance
				issued pending the final decision of the appeal is not subject to recovery when
				a new limited benefit plan period is established. A new limited benefit plan
				period shall be established when the department is affirmed in a timely appeal
				of the establishment of the limited benefit plan. All of the following
				conditions shall exist:
a. The appeal is filed
				either:
(1) Before the effective date of the
				intended action on the notice of decision or notice of action establishing the
				beginning date of the limited benefit plan, or
(2) Within ten days from the date on which a
				notice establishing the beginning date of the limited benefit plan is received.
				The date on which notice is received is considered to be five days after the
				date on the notice, unless the intended recipient shows that the recipient did
				not receive the notice within the five-day period.