NAC427A.462. Request for review.

     1. An applicant or a recipient or his or her designated representative may request an administrative review by:

     (a) Signing, dating and returning to the office of the Division responsible for the region in which the applicant or recipient resides the letter notifying the applicant or recipient of the action to be taken by the Division; or

     (b) Submitting a written request to the office of the Division responsible for the region in which the applicant or recipient resides.

     2. Except as otherwise provided in subsection 4, the request for an administrative review must be received in the regional office of the Division within 15 days after the date of the letter notifying the applicant or recipient or his or her designated representative of the action to be taken. The date of the letter shall be deemed the first day of the 15-day period.

     3. If the 15th day falls on a holiday or weekend, the time for submitting a request will be extended to the next working day.

     4. The Division will not accept a request for an administrative review received after the time specified in subsection 2 unless the applicant or recipient or his or her designated representative demonstrates good cause for the failure to comply with the deadline.

     5. The Administrator of the Division or a person designated by the Administrator will review any requests to waive the deadline for good cause and shall make a determination within 10 days after the receipt of the request.

     6. If the Administrator or a person designated by the Administrator determines that the applicant or recipient or his or her designated representative has demonstrated good cause for the failure to comply with the 15-day deadline, he or she will schedule an administrative review for the applicant or recipient.

     7. If the Administrator or a person designated by the Administrator determines that the applicant or recipient or his or her designated representative has not demonstrated good cause for the failure to comply with the 15-day deadline, he or she will notify the applicant or recipient or his or her designated representative that the request for an administrative review is denied.

     (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007; A by Aging & Disability Services Div. by R018-10, 7-22-2010)