10a ncac 27I .0608        HEARING OFFICER findings AND DECISION

(a)  The Hearing Officer's findings and decisions are based on the record and any new evidence that would be material to the issues on appeal.

(b)  The standard of review for the Hearing Officer is whether the decision of the LME-MCO, area authority or county program is supported by the evidence presented.

(c)  The Hearing Officer shall consider all issues under appeal.

(d)  Any decision may be rescheduled for a subsequent meeting if the Hearing Officer determines that he or she lacks sufficient information to render a decision at the initial hearing.

(e)  The Hearing Officer's findings and decisions shall be reached and sent in writing to the client, or the client's legally responsible person, and to the LME-MCO, area authority or county program Director within 60 calendar days of the written request for an appeal.

History Note:        Authority G.S. 143B-147;

Eff. October 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017;

Amended Eff. May 1, 2024.