Section 230.440  Arrangements for Hearings

a)         Request for hearing

            A written request for a hearing shall be filed by the aggrieved agency or organization with the Department or the area agency on aging, as appropriate, within 30 days following receipt of the notice of adverse action.

b)         Petition to Accompany Request for Hearing

            At the time of filing the request for hearing, a petition shall be filed in substantially the following form:

1)         The petition shall be captioned designating the party requesting the hearing as a petitioner, versus the party taking the aggrieved of action to be designated as respondent.

2)         The petition shall contain separate paragraphs containing the following:

A)        Allegations of facts indicating the capacity to be a petitioner.

B)        Reference to applicable sections of the statute or rules and regulations granting jurisdiction to the Department or area agency on aging, as appropriate, to conduct a hearing or appeal.

C)        Reference to the particular sections of the statute or rules alleged to have been violated.

D)        Allegations setting forth the respects in which petitioner's rights have been adversely affected or violated by the action taken.

E)        Allegations setting forth the date of the adverse action complained of.

3)         The petition shall have attached thereto, affidavits, records, copies of notices of adverse action, or other evidence supporting its allegations.

c)         Time Limitations

1)         The hearing shall be completed with 120 days following the date that the request for hearing was received by the Department or area agency on aging, as appropriate, extended by any postponements.

2)         The hearing decision shall be issued within 60 days after the hearing is completed.

d)         Termination of Formal Hearing Procedures

            The Department or area agency on aging, as appropriate, may terminate formal hearing procedures at any point if the Department or area agency on aging, as appropriate, and agency or organization that requested the hearing negotiate a written agreement that resolves the issue(s) which led to the hearing.