Conn. Agencies Regs. § 17b-811a-8 - Appeals

(a) The department or its agent shall give transitionary rental assistance program applicants prompt written notice of a decision denying assistance to an applicant, and shall give families participating in the program prompt written notice of a decision changing the terms of, or denying continued assistance to, a participant. This notice shall contain a brief statement of the reason(s) for the decision, shall state that the applicant or family participating in the program may request an informal conference to review the decision and shall describe how to obtain such an informal conference.

(b) A written request for an informal conference shall be made to the department's agent where the program is locally administered or, if there is no such agent, to the department. The request shall be postmarked no later than seven days after the date of the notice of the decision from the administering agent or the department. The department's agent, if in receipt of such a request, shall forward a copy to the department's Housing Services Unit.

(c) The department or its agent shall continue to provide rental assistance as provided in the transitionary rental assistance contract to those families who have requested an informal conference to review a decision changing the terms of, or discontinuing, their assistance until a report has been issued following such conference, provided:

(1) the request for the informal conference is received or postmarked no later than seven days after the date of notice from the department or its agent;

(2) the program has sufficient funds to provide such assistance and;

(3) the decision under review is not one that affects all program applicants or families participating in the program equally. Under no circumstances shall more than twelve months of benefits be provided under this subsection.

(d) The department or its agent shall schedule an informal conference no later than thirty days from the receipt of the request and shall inform the applicant or family participating in the program of the conference by written notice. The notice of informal conference shall include the date, time and place for the conference; a reference to the particular sections of the statutes and regulations involved; and a short and plain statement of the matters asserted. The informal conference shall be conducted by any person or persons designated by the department or its agent, other than a person who recommended or approved the decision under review or a subordinate of such person.

(e) In lieu of holding an informal conference, the department or its agent may take one of the following actions:

(1) Acceptance of a withdrawal of the request by the person who made it. This action shall be voluntary and may be made at any time before the informal conference by a written statement of withdrawal addressed to the department or its agent;

(2) dismissal of the request by the department or its agent. This action shall be taken if:

(A) The applicant or family participating in the program who has requested the informal conference fails to appear at the designated time and place for the conference; or

(B) the issue is resolved prior to the informal conference.

(f) Not later than thirty days from the date of the informal conference, the department or its agent shall issue a written report of its findings, which may modify the decision that was reviewed by the conference. Factual determinations relating to the individual circumstances of the applicant or family participating in the program who requested the informal conference shall be based on information presented at the informal conference. A copy of the report shall be provided promptly to the applicant or family participating in the program who requested the informal conference and shall include copies of any documents presented at the informal conference.

(g) If, following an informal conference and report, the decision is unchanged, the department shall provide a desk review of the report, upon written request of the applicant or family participating in the program, to ensure compliance with an agent's contractual obligation. The applicant or family participating in the program shall request said desk review not later than ten days after the decision has been rendered. No new information which could have been presented at the informal conference shall be used by the department for the purposes of such desk review. Requests shall be sent to:

Commissioner, Department of Social Services

25 Sigourney Street

Hartford, CT 06106

Attn: Housing Services Unit

Notes

Conn. Agencies Regs. § 17b-811a-8

Adopted effective March 9, 2006