340:2-5-45. Appeals Unit responsibility for notification of decision and assuring that decision is carried out
(a) Notification of decision. After the decision is reached in the appeals process, a written notification of decision is prepared by the hearing officer for the signature of the supervisor of the Appeals Unit. The decision letter must specify the reason for the decision and identify the supporting evidence. When applicable, the letter shall include statements specifying:
- (1) The month that the award of funds is to be made;
- (2) The amount of funding to be awarded; or
- (3) That although the grantee/applicant is not sustained, the grantee/applicant may reapply for funding during the next "request for proposals" process.
(b) Assuring the decision is carried out. It is the responsibility of the Appeals Unit to assure itself that decisions are carried out by maintaining a control on the date each decision is rendered and the date the Aging Services Division or Area Agency on Aging completes the action specified in each letter of decision.
- (1) When the applicant is sustained on the basis that a denial of the project was in error, award of grant is made in the regular manner. The grant shall begin the first fiscal quarter in which funds are available. The Notification of Grant Award shall have the word "Hearing" written at the top in red.
- (2) When the grantee is sustained on the basis that the project was suspended or terminated in error, the reinstatement is made in the usual manner except that the word "Hearing" is written in red at the top of the Notification of Grant Award. The effective date is the first day of the fiscal quarter after the Appeals Unit decision is rendered and may not be retroactive.
- (3) In all cases of sustained appeals, the Aging Services Division shall forward to the Appeals Unit a copy of the "Notification of Grant Award" with the word "Hearing" written in red at the top. The Appeals Unit then makes an entry in its control to indicate that appropriate action has been taken.