Review and appeal; hearing

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36-563. Review and appeal; hearing

A. This section governs the review and appeal procedure for decisions relating to the admission, evaluation, assignment to programs and services, care and treatment, discharge from a program or service provided through the department and contributions for residential programs or services provided through the department.

B. Notice of the appeal rights provided pursuant to this section shall be given to all parties to each placement evaluation and to each interested person upon request.

C. The director shall adopt rules to establish procedures for initial, informal administrative review and redetermination by the department of the decisions specified in subsection A of this section. These rules shall specify the manner by which requests for administrative reviews are filed, the person with whom requests are filed, whether and under what circumstances meetings of department representatives and the person filing the request are required to be held to consider requests for review and the time periods governing requests and which govern decisions on these requests. These rules may prescribe forms to be used in initiating requests for administrative review.

D. Further administrative appeals from decisions of the department subject to the procedures specified in subsection C of this section and on other contested cases are governed by title 41, chapter 14, article 3.

E. Services required pursuant to section 36-559, subsection D shall be directed by the courts.


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