Iowa Admin. Code r. 421-23.6 - Appeal and hearing procedures
The following appeal and hearing procedures shall be used.
(1) When an applicant is denied
assistance or wishes to file a complaint about the quality or extent of work
performed, the applicant has 30 days from the date of the denial letter or
completion of the work to appeal that decision by mailing or delivering the
request for appeal to the LAA. Appeals for quality of work performed shall be
subject to warranty requirements of the LAA and its subcontractors.
(2) If the LAA neither approves nor denies an
appeal within 30 calendar days of receipt, the applicant may treat the failure
to act as a denial. The applicant then has 30 additional calendar days to
appeal.
(3) To appeal, the
applicant (claimant) must submit a written appeal to the LAA through which
weatherization services were provided and include the action the applicant
would like taken and any other information which might affect the decision.
Those claimants unable to read or write shall have the LAA assist them in
reading, writing or understanding appeals and hearings and their associated
procedures.
(4) The LAA will act on
the claimant's request and notify the claimant of the result in writing within
30 calendar days of the date an appeal was requested (postmark date if sent in
mail).
(5) If the claimant does not
agree with the decision reached, the claimant may write the LAA within 14
calendar days of the decision (postmark date if sent in mail) and request that
a state hearing be held with the division. The claimant must explain in writing
why the agency's decision is being appealed and include any information which
might affect the decision.
(6) The
LAA will forward all information concerning the request for hearing to the
division, and a hearing will be scheduled within 14 calendar days of receipt of
the appeal and request for a hearing. The claimant will be sent written notice
of the date, time, and place of the hearing. State hearings may be held by
telephone at a mutually convenient time or in person. At the hearing, all
information will be reviewed and a decision rendered by the division within
seven calendar days.
(7) The
claimant may appeal the decision of the division to the Iowa department of
inspection and appeals. The claimant must submit a written appeal to the
division within seven calendar days (postmark date if sent in mail) of
receiving the division's decision. The division will follow the appeal
procedures outlined in this chapter.
Notes
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