A. This section governs the review and appeal procedure for decisions relating to the admission, evaluation, assignment to programs and services, care and treatment, discharge from a program or service provided through the department and contributions for residential programs or services provided through the department.

Terms Used In Arizona Laws 36-563

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the department of economic security. See Arizona Laws 36-551
  • Director: means the director of the department of economic security. See Arizona Laws 36-551
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Placement evaluation: means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person. See Arizona Laws 36-551

B. Notice of the appeal rights provided pursuant to this section shall be given to all parties to each placement evaluation and to each interested person upon request.

C. The director shall adopt rules to establish procedures for initial, informal administrative review and redetermination by the department of the decisions specified in subsection A of this section. These rules shall specify the manner by which requests for administrative reviews are filed, the person with whom requests are filed, whether and under what circumstances meetings of department representatives and the person filing the request are required to be held to consider requests for review and the time periods governing requests and which govern decisions on these requests. These rules may prescribe forms to be used in initiating requests for administrative review.

D. Further administrative appeals from decisions of the department subject to the procedures specified in subsection C of this section and on other contested cases are governed by Title 41, Chapter 14, Article 3.

E. Services required pursuant to section 36-559, subsection D shall be directed by the courts.

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