Section 220.504  Responsibility of Department or Area Agency on Aging

Upon receipt of a request for hearing or appeal, the Department or area agency on aging, as appropriate, shall stamp the notice with the date received, assign request a number and notify the appellant and all other parties to the appeal, of receipt of the appeal.  This notification shall be by Registered Mail:  Return Receipt Requested.  The Department or area agency on aging, as appropriate, shall examine all applicable information to ascertain if it has jurisdiction to conduct the hearing and may permit amendments to the appeal.  Appellant shall be afforded a hearing on any motion to dismiss based on a lack of jurisdiction.  Where, after hearing, the Department or area agency on aging, as appropriate, determines it does not have jurisdiction over the parties or the subject matter, the petition will be dismissed.