Section 94. Appeal process for a finding of noncompliance

A. A program or facility administrator may appeal a finding of noncompliance of an audit by submitting the appeal to the director or designee within 10 business days of the receipt of written notification of the audit findings.

B. The manager for the certification team or designee shall contact the program or facility administrator and make every effort to resolve the appeal within 10 business days of receipt of the appeal.

C. If department personnel and the program or facility administrator are not able to informally resolve the issue on appeal, the request for an appeal shall be forwarded by the manager for the certification team or designee as soon as practicable to the director or designee.

1. The director or designee shall issue a decision on the appeal within 15 business days of receipt.

2. The program or facility administrator shall be informed as soon as practicable, but no later than the end of the next business day, of the director's or designee's decision.

D. If the appealed finding of noncompliance remains unresolved after exhaustion of the informal review and appeal to the director or designee, the program or facility administrator may appeal the director's or designee's decision to the board. Upon request, the department shall place the appealed finding of noncompliance on the board's agenda for consideration at its next regularly scheduled meeting.

E. If the appeal is granted and the finding overruled, the finding of noncompliance shall be removed from the certification audit report.

F. An appeal pursuant to this section does not negate the requirement to submit a corrective action plan, as required by 6VAC35-20-91, on the disputed regulatory requirement.

Historical Notes

Derived from Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

Statutory Authority

§§ 16.1-233 and 66-10 of the Code of Virginia.