(a) If the parent disagrees with an action, taken by a contractor in a Notice of Action, Application for Services or Notice of Action, Recipient of Services, the parent(s) may file a request for a hearing with the contractor within 14 calendar days of the date the Notice of Action was received. A Notice of Action is deemed to be received by the family on: the date it was provided to the family, if personally served or served by electronic means; the day after it was served, if served via overnight delivery service; or five days after the date it was mailed to the family, if the Notice of Action was mailed. The contractor shall document the method of delivery and date the Notice of Action was sent to the parent.

(b) Upon the filing of a request for hearing, the intended action shall be suspended until the administrative appeal process has been completed. The process is complete when the administrative appeal process has been exhausted or when the parent(s) abandons the appeal process.

(c) Within 10 calendar days following the receipt of the request for a hearing, the contractor shall notify the parent(s) of the time and place of the hearing. The time and place of the hearing shall, to the extent possible, be convenient for the parent(s).

(d) The hearing shall be conducted by an administrative staff person who shall be referred to as “the hearing officer.” The hearing officer shall be at a staff level higher in authority than the staff person who made the contested decision and should not have participated in making the decision being contested.

(e) The parent(s) or an authorized representative designated by the parent is required to attend the hearing. If the parent or the parent's authorized representative fails to appear at the hearing, the parent will be deemed to have abandoned his or her appeal unless the parent can demonstrate to the contractor that they had good cause for their failure to appear, in which case the hearing shall be rescheduled.

(f) Only persons directly affected by the hearing shall be allowed to attend.

(g) The contractor shall arrange for the presence of an interpreter at the hearing, if one is requested by the parent(s), at no cost to the parent.

(h) The hearing officer shall explain to the parent(s) the legal, regulatory, or policy basis for the intended action.

(i) During the hearing, the parent(s) shall have an opportunity to explain the reason(s) they believe the contractor's decision was incorrect. The contractor's staff shall present any material facts omitted by the parent(s) and the parent(s) shall have the right to respond.

(j) The hearing officer shall mail or deliver to the parent(s) a written decision within 10 calendar days after the conclusion of the hearing.