1. (a) Subrecipients shall provide a written denial of assistance notice to applicant within ten (10) days of the adverse determination. This notification shall include written instructions of the appeals process and specific reasons for the denial by component. The applicants wishing to appeal a decision must provide written notice to subrecipient within 10 days of receipt of the denial notice.
2. (b) The subrecipient who receives an appeal shall establish an appeals committee composed of at least three persons. Subrecipient shall maintain documentation of appeals in their client files.
3. (c) The subrecipient shall hold the appeal hearing within ten business days after the subrecipient received the appeal request from the applicant.
4. (d) The subrecipient shall tape record the hearing.
5. (e) The hearing shall allow time for a statement by subrecipient staff with knowledge of the case.
6. (f) The hearing shall allow the applicant at least equal time, if requested, to present relevant information contesting the decision.
7. (g) Subrecipient shall notify applicant of the decision in writing. The subrecipient shall mail the notification by close of business on the business day following the decision. (1 day turn-around)
8. (h) If the applicant is not satisfied, they may further appeal the decision in writing to the Department within ten days of notification of an adverse decision.
9. (i) If client appeals to the Department, the funds should remain encumbered until the Department completes its decision.
10. (j) The Department may review the tape recording of the hearing, the committee's decision, and any other relevant information necessary.
11. (k) The Department appeals committee shall decide the case and forward their recommendation to the Division Director for final concurrence.
12. (l) The Department will notify all parties in writing of its decision within 30 days of receipt of the appeal.

Source Note:The provisions of this §6.207 adopted to be effective April 1, 2007, 32 TexReg 1739.