Section 32.85. Home's decision; notice of opportunity to appeal the home's decision; date, time, and location of hearing; telephonic attendance; appearance by letter; waiver.

(1) Within 10 business days following a compliance conference, the home will provide the applicant, member, or responsible party written notice of the home's decision.   Written notice will include all of the

following:

(a)  ) A statement of what action the home intends to take.

(b)   The reasons for the intended action.

(c)   The specific rules supporting the action.

(d)   An explanation of the applicant's, member's,   or    responsible      party's right to request a hearing before the board.

(e)   The  circumstances,  if   any,  under   which  a  member's  transfer    or discharge will be stayed if a hearing is requested.

(2)   Within 15 business days of service of the written notice of the home's decision, the applicant, member, or  responsible   party may  request,  in writing, a hearing before the board to appeal the decision of the home. Written notice must include all of the following:

(a)  The date.

(b)   The name of the person requesting a hearing.

(c)   The name of the affected applicant, member, or responsible party.

(d)  The basis for the appeal.

(e)   All documents that support the appeal.

(f)  Any other pertinent documents that the person requesting a hearing wants the board to consider.

(3)    A hearing will be conducted at a reasonable time, date, and location, to be determined by the board. The board may accept  a letter  from  the applicant,  member, or responsible party, instead of the  applicant's, member's, or responsible party's personal appearance at a hearing before the board. The applicant, member, or responsible party must notify the board, in writing, that he or she wishes to appear by letter before the  start  of  the scheduled hearing.

(4)    Notice of the time, date, and location of hearing will be mailed to the applicant, member, or responsible party requesting a hearing at least 10 business days before the date of the hearing.

(5)    A hearing may be conducted via telephone upon written request by the applicant, member, or responsible party. Written request for a hearing via telephone must accompany the applicant's, member's, or responsible party's written request for a hearing before the board in order to be considered.

(6)   If the applicant, member, or responsible party does not request a hearing before the board within 15 business days of service of the notice of opportunity to appeal the home's decision, then the applicant,  member,   or responsible party will be deemed to have waived  the right  to  appeal  the home's decision to the board.

History: 2007 AACS.