Utah Admin. Code R410-14-5 - Request for Hearing
(1) An aggrieved
person shall request a hearing by submitting the request on the DIH "Request
for Hearing/Agency Action" form. The aggrieved person must then submit the form
by mail, fax, or other electronic means as directed on the Notice of Agency
Action or Request for Hearing Form. The request must explain why the aggrieved
person is seeking agency relief.
(2) Except as set forth in Section
R410-14-20, hearings must be
requested within the following deadlines:
(a)
a medical assistance provider or member must request a hearing within 30
calendar days from the date that DIH sends written notice of its intended
action.
(b) a medical assistance
member must request a hearing with DWS regarding eligibility for medical
assistance within 90 calendar days from the date the agency sends written
notice of its intended action.
(c)
a medical assistance member must request a hearing with DIH regarding a
determination of disability for the purposes of medical assistance eligibility
within 90 calendar days from the date that DIH sends written notice of its
intended action.
(d) a medical
assistance member must request a hearing regarding approval or denial of a
scope of service within 30 calendar days from the date the agency sends written
notice of its intended action.
(3) A hearing request that an aggrieved
person sends via mail is deemed filed on the date of the postmark. If the
postmark date is illegible, erroneous, or omitted, the request is deemed filed
on the date the agency receives it, unless the sender can demonstrate the
mailing date through competent evidence.
(4) Failure to submit a timely request for a
hearing constitutes a waiver of an individual's due process rights.
(5) DIH may dismiss a request for a hearing
if the aggrieved person:
(a) withdraws the
request in writing;
(b) verbally
withdraws the hearing request at a prehearing conference;
(c) fails to appear or participate in a
scheduled proceeding without good cause;
(d) prolongs the hearing process without good
cause;
(e) cannot be located or
agency mail is returned without a forwarding address; or
(f) does not respond to any correspondence
from the hearing officer or fails to provide medical records that the agency
requests.
Notes
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