Section 337.110 Grounds for Dismissal of a Service Appeal Request

Section 337

Section 337.110  Grounds for

Dismissal of a Service Appeal Request

a)         The Administrator of the Administrative Hearings Unit shall

dismiss a request for a service appeal for the following reasons:

1)         the appellant failed to request an appeal within the time

frames allowed.  However, when timely or adequate notice was not provided in

accordance with this Part, the appellants may appeal up to 45 days from the

date they receive adequate notice of the Department's action or decision;

2)         the appeal has been withdrawn in writing.  If the appellant is

unable to withdraw the appeal in writing, the Department or provider shall help

the appellant put the withdrawal in writing;

3)         the issue is not within the jurisdiction of the appeal system;

4)         a court has made a judicial determination or issued an order

on the issue being appealed.  However, a juvenile court determination that a

current foster home placement is necessary and appropriate does not constitute

a judicial determination on the merits of a service appeal, filed by a former

foster parent, involving a change of placement decision; or

5)         the appellant has waived the right to a service appeal by

abandoning his or her right, as defined in Section 337.160.

b)         The Administrator of the Administrative Hearings Unit shall

give written notice of the decision to grant or deny the request for an appeal

within 10 calendar days of receipt of the request.  If the Department finds

that the issue is not an appealable issue under this Part, but may be

appropriately heard through another appeal process (see 89 Ill. Adm. Code 435,

Administrative Appeals and Hearings), the Department shall forward the request

for appeal to the proper hearing authority and notify the appellant of this

action.