PURPOSE: This rule requires area agencies to establish written grievance procedures.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Each area agency shall establish written grievance procedures that provide the opportunity to appear before the governing body to the following:

   1. (A) Individuals who wish to resolve areas of conflict regarding delivery of services;
   2. (B) Service provider applicants whose application to provide services is denied; and
   3. (C) Service providers whose subgrant or contract is terminated or not renewed.

2. (2) The written grievance procedures shall be filed with the division as an addendum to the area agency’s plan and shall include, at a minimum, the following:

   1. (A) Time limitations, as applicable, and procedures to be followed to request a grievance hearing;
   2. (B) Procedures for conducting the grievance hearing;
   3. (C) Opportunity to review any pertinent information relating to the issues; and

   4. (D) Criteria to be used for making a final determination that include:

      1. 1. Time limitations for notification of

the decision from the date of grievance hearing;

1. 2. Reasons for the final determination

and the evidence on which it was based; and

1. 3. Advice of the right to appeal to the

division for mediation to service providers who meet the following conditions: 13 CSR 15-4

1. A. Application to provide services

under an area plan has been denied; or

1. B. Subgrant or contract is terminated

or not renewed for reasons other than a determination that the service provider has materially failed to comply with the terms of the subgrant or contract as provided in 45 CFR part 74, subpart M.

AUTHORITY: section 660.050, RSMo 1986.* This rule was previously filed as 13 CSR 15- 6.090. Original rule filed Jan. 6, 1986, effective April 30, 1986.

*Original authority: 660.050, RSMo 1984, amended 1988.