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Library: Policy

340:2-5-42. Definitions

Issued 12-14-93

     The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise:

     "Adverse action" means:

    • (A) Denial of application for funding;
    • (B) Suspension or termination of funding prior to the end of an approved budget year; or
    • (C) Denial of designation as a planning and service area or Area Agency on Aging.

     "Appeals Committee" means the following staff members, appointed by the State Director of Human Services:

    • (A) General counsel;
    • (B) Supervisor of the Appeals Unit; and
    • (C) Programs Administrator of the Special Unit on Aging.

     "Appeals Unit" means the unit established within the Department responsible for:

    • (A) Scheduling the time and place of the hearing;
    • (B) Conducting the hearing;
    • (C) Electronically recording the hearing;
    • (D) Preparing the Hearing Officer's Summary; and
    • (E) Preparing the decision letter.

     "Grantee/applicant complaint" means a grantee/applicant's expressed belief that proper consideration has not been given to circumstances surrounding grant/application process. A grantee or applicant's complaint can be expressed orally, in correspondence, or by authorizing another entity to advise the Department of the grievance. A complaint may be addressed to the grantee/applicant's satisfaction without resorting to the formal hearing process or it may result in the grantee or applicant's request for a hearing.

     "Official report (record)" means the information that will be made available to the appellant, upon request, at a reasonable time and place and consists of:

    • (A) The administrative hearing officer's summary which contains the substance of what transpired in the hearing unless oral proceedings are transcribed;
    • (B) All written evidence filed in the hearing;
    • (C) A verbatim recording of the hearing; and
    • (D) The resulting decision of the appeals process.
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