Section 3.4. Notice of adverse action

(a) The Department, Area Agencies on Aging, and service providers under area plans will provide written notice of any adverse action they have decided to take to the agency or person who will be directly affected by the decision.

(b) The notice of adverse action will be given in a timely manner and in no event will the notice be given more than 30 days after the decision has been made.

(c) The notice will include the reasons for the agency action and the evidence upon which the action is based.

(d) The notice will advise the party affected by the decision of all the following:

(1) The decision may be appealed in accordance with the procedures set forth in this chapter.

(2) If an appeal is to be made it must be filed within 30 days following the receipt of the notice of adverse action.

(3) In the case of an appeal by an applicant for, or recipient of, services under an area plan, the Area Agency on Aging will, if requested, provide assistance in filing the appeal.

(e) Copies of all notices of adverse action shall be retained by the issuing agency and shall, where applicable, be made a part of the evidence taken in informal complaint proceedings and formal hearings.