North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 10 - SUBSIDIZED CHILD CARE
Section .1200 - APPEALS
Section 10 .1204 - APPEAL TO THE LOCAL PURCHASING AGENCY
Universal Citation: 10A NC Admin Code 10 .1204
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Appeals by recipients from services determinations pursuant to Section.1000 of this Chapter, changes in recipient fees pursuant to Section.1100 of this Chapter, terminations of payment pursuant to 10A NCAC 10.1007, or a sanctions issued by the Local Purchasing Agency in accordance with 10A NCAC 10.0308 shall be made in accordance with G.S. 108A-79.
(b) Procedures for an operator to appeal to the Local Purchasing Agency are as follows:
(1) An operator wishing to contest an action
shall contact the Local Purchasing Agency in writing to request an initial
review. Requests shall be made within 30 calendar days after the date of the
Local Purchasing Agency action.
(2)
The Local Purchasing Agency shall make a determination on the initial review
within 10 business days of the request for an initial review. Within 30
calendar days of notice of the determination of the initial review by the Local
Purchasing Agency, the operator may request a local appeal hearing by the Local
Purchasing Agency.
(3) The local
appeal hearing shall be held within five business days of receipt of the
request for a hearing. The Local Purchasing Agency shall grant a delay of up to
10 additional business days at the written request of the operator, but in no
event shall the local appeal hearing be held more than 15 business days after
the receipt of the request for a hearing.
(4) The Local Purchasing Agency shall serve a
written statement of decision within 10 business days following the local
hearing. The decision shall include the facts and conclusions that support the
determination by the Local Purchasing Agency.
(5) The Local Purchasing Agency shall include
with its written statement of decision instructions for appealing its decision
in accordance with this Rule.
(6)
If the operator is not satisfied with the final decision of the Local
Purchasing Agency, he or she may appeal to the State Subsidy Services Appeals
Panel by filing a notice of appeal within 30 calendar days of receipt of the
written statement of decision in accordance with this Rule.
Authority
G.S.
143B-153;
108A-79;
Eff. March
1, 2019.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
