The grievance hearing must be held before a hearing officer. The hearing officer is a person other than the person (or a subordinate of that person) who made or approved the decision;
The grievance hearing must be scheduled within thirty (30) days (including weekends and federal holidays) of receipt of the request by written notice setting forth the date, time and meeting location for the hearing;
Before the hearing, the opportunity to examine and make copies (unless an impossibility) of any evidence, documents, records, and program rules relevant to the hearing;
The right to present written or oral objections;
The right to be represented by an advocate of their choice (which may be an attorney) and to have such person make statements on the grieving party's behalf;
The right to reasonable accommodations for persons with disabilities to participate in the hearing; and
The right to a written decision within five (5) business days (excluding weekends and federal holidays). Such a written decision must be mailed to the grieving party, if the mailing address is known. Otherwise, the program must make its best effort to deliver the written notice to the participant and document such effort in the participant’s file.
If the participant fails to appear at a scheduled review meeting, the provider may make a determination that the grieving party has waived his/her right to a hearing unless he/she can demonstrate serious extenuating circumstances justifying his/her absence and the re-scheduling the hearing. Written notice must be provided of scheduled changes.