10A NCAC 10 .0312. APPEAL TO DIVISION OF CHILD DEVELOPMENT AND EARLY EDUCATION SUBSIDY SERVICES REVIEW PANEL

(a)  Definitions.—The following definitions apply in this Rule:

(1)           "Appealing Party" means the Provider or Recipient, as defined in 10A NCAC 10 .0102.

(2)           "File or Filing" means personal delivery, delivery by certified mail, or delivery by overnight express mail to the current Chief of Subsidy Services Section (Chief), North Carolina Division of Child Development and Early Education (Division), 2201 Mail Service Center, Raleigh, NC 27699-2201.  A document or paper is deemed filed as of the date it is delivered to the Chief.  Filings addressed to a person other than the Division Director, or which fail to be filed within the time periods established by this Rule, or which otherwise fail to be filed in conformity with the rules in this Section shall be considered as improper filings and denied.

(3)           "State Subsidy Services Appeals Panel" means the North Carolina Division of Child Development and Early Education internal review panel established under this Rule.

(b)  Appeals Panel.—The State Subsidy Services Appeals Panel (Panel) is established.  The Panel shall be impartial and shall consist of one representative and one alternate representative for each Section of the Division.  Representatives and alternates shall be chosen by each Section Chief.

(c)  Who Can Appeal.—The following persons may appeal to the Panel after having exhausted the appeals process at the appropriate Local Purchasing Agency:

(1)           A provider or recipient to whom a local purchasing agency has issued a sanction pursuant to 10A NCAC 10 .0308;

(2)           A provider whom a local purchasing agency has failed to approve for participation in or has terminated participation the subsidized child care program pursuant to Section .0600 of this Chapter;

(3)           A provider whom a local purchasing agency has failed to approve for participation in or has terminated participation the subsidized child care program pursuant to Section .0700 of this Chapter; and

(4)           A provider wishing to contest the determination of overpayment pursuant to 10A NCAC 10 .0309.

(d) Hearing.—All members of the Panel shall hear an appeal to the Panel.  An appeal shall be filed with the Panel within 30 days of exhausting the appeals process at the local purchasing agency as described as follows:

(1)           The Subsidy Services Chief shall notify the Local Purchasing Agency (LPA) that an appeal has been filed; and

(2)           Upon notification of an appeal filed pursuant to this section, the LPA shall, within five days of the date of notification, forward to the Chief, with a copy to the appellant:

(A)          a copy of its final decision;

(B)          the signed agreement between the LPA and the provider or recipient, where applicable; and

(C)          all supplementary documentation considered during the local appeals process.

(e)  The Panel shall convene and shall maintain a record of their decision in the appeal and the reason(s) for their decision.

(f)  The Panel shall vote on each item being appealed.

(g)  Findings and decisions of the Panel shall be by majority vote.

(h)  The Panel may obtain any form of technical assistance or consultation relevant to the appeal in conducting the administrative review.

(i)  The Panel shall complete an administrative review and notify the appealing party and the LPA of its decision in writing within 20 business days of the Panel's receipt of the appeal record.  The decision shall include the facts and conclusions which support the determination by the State Subsidy Services Appeals Panel.

(j)  Any decision shall be delayed until a subsequent meeting if the Panel determines that it lacks sufficient information to render a decision at the initial administrative review.

(k)  The administrative review decision shall be distributed within 10 business days of the decision being rendered.

(l)  The appellant may appeal the administrative review decision by filing a petition for contested case pursuant to G.S. 150B-23 and in accordance with G.S. 110-94.  Appeals from the State Subsidy Appeals Panel must be filed within 30 days of mailing of the Panel's decision to the parties.

(m)  Decision.—A decision may direct an LPA to take an action or to refrain from taking an action.

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 2011.