PURPOSE: This rule describes the action that the division takes when an application for designation as a planning and service area has been denied and the denial has been upheld in a division hearing.

1. (1) Any applicant for designation as a planning and service area (PSA) whose application has been denied by the division and who has requested and received a formal hearing at the state level shall be notified in writing of the right to appeal to the assistant secretary, Department of Health and Human Services. Written notification shall advise the applicant that a written appeal may be filed with the assistant secretary within thirty (30) calendar days of receipt of notification of the hearing decision.

2. (2) Upon request by the assistant secretary, the division shall submit the following information regarding an applicant who has filed an appeal:

   1. (A) A copy of the applicant’s application for designation as a PSA;
   2. (B) A copy of the written decision of the division; and
   3. (C) Any other relevant information the assistant secretary may require.
3. (3) Upon receipt of written notice of the date, time and location, the division director, or designated representative, or both, shall attend the assistant secretary’s hearing on the applicant’s appeal.

AUTHORITY: section 660.050, RSMo Supp. 1999.* This rule was previously filed as 13 CSR 15-6.055 and 13 CSR 15-4.090. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Aug. 28, 2000, effective March 30, 2001. Moved to 19 CSR 15- 4.090, effective Aug. 28, 2001. *Original authority: 660.050, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995.