Section R6-5-7504. Request for Hearing: Form; Time Limits; Pre- sumptions

A.      Except as otherwise provided in R6-5-5010(A) and R6-5- 5227, a person who wishes to appeal an adverse action shall file a written request for hearing with the Administration within 20 days of the date on the notice or letter advising the person of the adverse action. The Administration shall provide a form for this purpose, and, upon request, shall help an appel- lant fill out the form.

B.       An appellant shall include the following information in the request for hearing:

1.        Name, address, and telephone number, and, if applicable, telefacsimile number of the person subject to the adverse action;

2.        Identification of the Administration initiating the adverse action;

3.        A description of the adverse action which is the subject of the appeal;

4.        The date of the notice of adverse action; and

5.        A statement explaining why the adverse action is unau- thorized, unlawful, or an abuse of discretion.

C.      The Department shall not deny an appeal solely because the request does not include all the information listed in subsec- tion (B), so long as the request contains sufficient information for the Department to determine the identity of the appellant and the issue on appeal.

D.      A request for hearing is deemed filed:

1.        On the mailing date, as shown by the postmark, if sent first-class mail, postage prepaid, through the United States Postal Service to the Department; or

2.        On the date actually received by the Department, if not mailed as provided in subsection (D)(1).

E.       The Department may determine that a document was timely filed if the sender of the document can demonstrate that the delay in submission was due to any of the following reasons:

1.        Department error or misinformation,

2.        Delay or other action by the United States Postal Service, or

3.        Delay caused by the appellant changing mailing addresses at a time when the appellant had no duty to notify the Administration of the change.

F.       When the Office of Appeals receives a request for hearing that was not timely filed, the Office of Appeals shall schedule a

hearing  to  determine   whether  the  delay  in  submission   is                  excused as provided in subsection (E).

G.      An appellant whose appeal is denied as untimely may petition for review as provided in R6-5-7518.

Historical Note

Adopted effective June 4, 1998 (Supp. 98-2).