(a) Any applicant or eligible individual who is dissatisfied
with a determination, as described in §101.1003 of this subchapter
(relating to Legal Authority), made either by the Division for Blind
Services or the Division for Rehabilitation Services may request a
review of the determination. Although no prescribed form is required
to file a request, preprinted forms for this purpose are maintained
in every DARS office and are available upon request.
(b) The request for a review shall be filed in writing
with the hearings coordinator, DARS Legal Services.
(1) A request shall be considered filed on the day
that it is received by the hearings coordinator.
(2) Preprinted forms for this purpose are available
upon request either from the hearings coordinator, DARS Legal Services,
or from any DARS office.
(c) Upon receiving a request for review, the hearings
coordinator, DARS Legal Services, shall, within five working days,
mail the appellant:
(1) the name, address, and phone number of the Client
Assistance Program established under federal law;
(2) the name of the impartial hearing officer appointed
to hear the appeal, and the date, time, and place of any prehearing;
(3) a copy of applicable hearing procedures; and
(4) notice that the appellant has the right to request
mediation procedures.
(d) Timeliness of a request for review. A request is
considered timely if it is received by DARS no later than 180 days
from the date of the determination that is the subject of an applicant's
or eligible individual's request for review.
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