Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.466 - Appointment and initial duties of reviewing officer; provision of notice; postponement; withdrawal of request; failure to appear

Current through June 11, 2024
1. If, after the conference is held, the
				applicant or recipient wishes to continue with the administrative review, the
				Administrator of the Division will appoint a reviewing officer. Within 15 days
				after the appointment, the reviewing officer shall establish a date, time and
				location for the review.
2. The
				Division will mail a notice of the date, time and location of the
				administrative review to the applicant or recipient or his or her designated
				representative at least 10 working days before the date scheduled for the
				review, unless the applicant or recipient or his or her designated
				representative requests a review in a shorter period.
3. If requested by the Division or by the
				applicant or recipient or his or her designated representative, the reviewing
				officer may postpone an administrative review for good cause. If the reviewing
				officer determines that a postponement is warranted, the reviewing officer
				shall reschedule the administrative review for a date which is not later than
				15 days after the original date for the review.
4. The applicant or recipient or his or her
				designated representative is entitled to withdraw the request for an
				administrative review any time before the reviewing officer renders a decision.
				The withdrawal must be in writing, dated and signed by the applicant or
				recipient or his or her designated representative and mailed or delivered to
				the regional office of the Division which received the request for the
				administrative review. If an applicant or a recipient or his or her designated
				representative indicates verbally a desire to withdraw a request for an
				administrative review, the Division will instruct him or her to submit a
				written withdrawal.
5. The
				reviewing officer shall cancel the administrative review if the applicant or
				recipient or his or her designated representative fails to appear for the
				scheduled administrative review after receiving proper notification. The
				reviewing officer shall notify the applicant or recipient or his or her
				designated representative within 1 working day after the failure to appear that
				the administrative review will be considered cancelled unless the applicant or
				recipient or his or her designated representative can demonstrate good cause
				for failing to appear. The applicant or recipient or his or her designated
				representative must submit the reasons for failing to appear within 10 days
				after the date of the letter notifying the applicant or recipient or his or her
				designated representative of the cancellation if the applicant or recipient or
				his or her designated representative wishes to continue the administrative
				review. The Administrator of the Division will determine whether good cause has
				been demonstrated for failing to appear.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250