Section 460IAC13-9-2. Right to appeal and have a fair hearing

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   (a) If an individual's application or service is denied, the individual may file an appeal within thirty (30) days of the decision date shown on the NOA.

  (b) The time limit for filing an appeal is extended by three (3) days if the NOA is sent by U.S. mail.

  (c) Home and community based services benefits will continue if an appeal is filed within the required time frame. If individual appeals and the individual's benefits are continued, and if the individual subsequently loses the appeal, the individual may be required to repay assistance paid on the individual's behalf, pending the release of the appeal hearing decision. (Division of Disability and Rehabilitative Services; 460 IAC 13-9-2; filed Apr 22, 2013, 9:48 a.m.: 20130522-IR-460120463FRA)

                    
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