NAC427A.778. Appointment and initial duties of review team; provision of notice; postponement; withdrawal of request; failure to appear.

     1. If, after the conference is held, the applicant for financial assistance or recipient wishes to continue with the administrative review, the Administrator will appoint a review team made up of two or more members from the Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities of the Nevada Commission on Services for Persons with Disabilities and one member of the staff of the Division. Within 15 days after the appointment, the review team must establish a date, time and location for the review.

     2. The Division will mail a notice of the date, time and location of the administrative review to the applicant or recipient or his or her designated representative at least 10 working days before the date scheduled for the review, unless the applicant or recipient or his or her designated representative requests a review in a shorter period.

     3. If requested by the Division or by the applicant or recipient or his or her designated representative, the review team may postpone an administrative review for good cause. If the review team determines that a postponement is warranted, the review team must reschedule the administrative review for a date which is not later than 15 days after the original date for the review.

     4. The applicant or recipient or his or her designated representative is entitled to withdraw the request for an administrative review any time before the review team renders a decision. The withdrawal must be in writing, dated and signed by the applicant or recipient or his or her designated representative and mailed or delivered to the regional office of the Division which received the request for the administrative review. If an applicant or a recipient or his or her designated representative indicates verbally a desire to withdraw a request for an administrative review, the Division will instruct him or her to submit a written withdrawal.

     5. The review team shall cancel the administrative review if the applicant or recipient or his or her designated representative fails to appear for the scheduled administrative review after receiving proper notification. The review team shall notify the applicant or recipient or his or her designated representative within 1 working day after the failure to appear that the administrative review will be considered cancelled unless the applicant or recipient or his or her designated representative can demonstrate good cause for failing to appear. The applicant or recipient or his or her designated representative must submit the reasons for failing to appear within 10 days after the date of the letter notifying the applicant or recipient or his or her designated representative of the cancellation if the applicant or recipient or his or her designated representative wishes to continue the administrative review. The Administrator will determine whether good cause has been demonstrated for failing to appear.

     (Added to NAC by Aging & Disability Services Div. by R016-12, eff. 9-14-2012)