Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO ENABLE PERSONS WITH PHYSICAL DISABILITIES TO LIVE IN UNSUPERVISED SETTINGS › Administrative Review › Section 427A.778 - Appointment and initial duties of review team; provision of notice; postponement; withdrawal of request; failure to appear

Current through June 11, 2024
1. If, after the conference is held, the
				applicant for financial assistance or recipient wishes to continue with the
				administrative review, the Administrator will appoint a review team made up of
				two or more members from the Subcommittee on Personal Assistance for Persons
				with Severe Functional Disabilities of the Nevada Commission on Services for
				Persons with Disabilities and one member of the staff of the Division. Within
				15 days after the appointment, the review team must 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 review team
				may postpone an administrative review for good cause. If the review team
				determines that a postponement is warranted, the review team must 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 review
				team 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 review
				team 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 review team
				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
				will determine whether good cause has been demonstrated for failing to
				appear.
Added to NAC by Aging
				  & Disability Services Div. by R016-12, eff.
				  9-14-2012
NRS
					 427A.793