Current through Register Vol. 47, No. 12, March 26, 2025
(a)
Applicability.
In addition to section
602.2 of this Part, this section
shall apply to hearings held pursuant to any law or regulation giving a right
to a hearing before OPWDD to appeal audit findings, except that this section
shall not apply to audit hearings requested pursuant to section 681.14 or
690.7 of this Title. Where a
conflict exists between this section and section
602.2 of this Part, the provisions
of this section shall be controlling.
(b)
Hearing requests.
(1) The OPWDD's audit findings, as adjusted
in accordance with the determination after administrative review, and as served
on the provider, shall be deemed to be the notice of proposed action under
section 602.2(a) of this
Part.
(2) The audit findings shall
be final, unless the provider requests a hearing in writing within 30 days of
service of such findings. Such request shall be made to the
commissioner.
(3) The request shall
include a copy of the final audit report; a declaration of the audit findings
being appealed and issues alleged to be involved; and documentation of the
provider's position as to each identified issue.
(c)
Determination of hearable factual
issues.
(1) Only those audit findings
having a fiscal impact of at least $1,000 may give rise to a hearable
issue.
(2) Upon receipt of a
request for a hearing, the commissioner shall forward a copy of the request to
the division of the office which issued the audit findings provided for in
paragraph (b)(1) of this section. Said division shall have 30 days to present
written argument(s) to amend or deny any or all of the issues alleged to be
involved by the party requesting the hearing. Thereafter the commissioner shall
determine whether a hearable factual issue(s) is in dispute. If the
commissioner determines that there is no hearable factual issue(s), he or she
shall deny the request for a hearing and notify the provider of such denial. No
administrative appeal shall be available from this determination.
(3) If the commissioner determines that there
is a hearable factual issue(s), he or she shall issue to the parties a notice
of hearing and a statement of issues.
(4) The commissioner shall consider those
requests for amendments to the statement of issues which he or she receives at
least seven days before prior to the initial hearing date.
(d)
Burden of proof.
The provider shall present its case first. The burden of
proof shall be on the provider to establish that an item, or items, contained
in the final audit report, and determined by the commissioner as a hearable
issue(s) are incorrect.
