1. A. A party may appeal an adverse hearing decision to the Department’s Appeals Board.

   1. 1. The party shall file a written petition for review with the Office of Appeals within 15 calendar days of the mailing date of the hearing officer’s decision.
   2. 2. The petition shall state the grounds for review and be signed and dated.

   3. 3. The petition is deemed filed:

      1. a. On the date it is mailed, if transmittal via the United States Postal Service or its successor. The mailing date is as follows:

         1. i. As shown by the postmark;
         2. ii. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or
         3. iii. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.
      2. b. On the date it is hand-delivered to the Office of Appeals.
2. B. When a party timely appeals a hearing decision, the Department shall stay implementation of the adverse action until the Appeals Board issues a decision and treat any resulting overpayment as a client-caused, non-fraud overpayment.

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4).