Title of Regulation: 22VAC40-920. Appeals of Financial Sanctions for Local Departments of Social Services (adding 22VAC40-920-10 through 22VAC40-920-40).

Statutory Authority: § 63.1-217 of the Code of Virginia; 2 CFR 200.341.

Effective Date: March 4, 2022.

Agency Contact: Torsheba Givens, Manager, Local Reimbursement Unit, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7298, or email torsheba.givens@dss.virginia.gov.

Summary:

The regulation establishes procedures for local departments of social services to appeal a financial recovery levied by the Virginia Department of Social Services.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

Chapter 920

Appeals of Financial Sanctions for Local Departments of Social Services

22VAC40-920-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" means the commissioner of the department, his designee, or his authorized representative.

[ "Disallowed costs" means those charges to a program that the department determines to be unallowable, in accordance with applicable state and federal statutes, regulations, or policy. ]

"Department" means the Virginia Department of Social Services.

"Local department" means the local department of social services of any county or city in the Commonwealth.

"Notification of a recovery" means any report, letter, email, or other type of communication describing the noncompliance action or recovery.

[ "Recovery" means the repayment by the local department of a disallowed cost in a manner prescribed by the department, in accordance with applicable state and federal statutes, regulations, or policy. ]

22VAC40-920-20. Objections to notifications of recovery.

A local department that wants to appeal a notification of recovery shall:

1. Within [ 15 21 ] calendar days of issuance of a notification of a recovery, provide written notice to the commissioner of its objection to the recovery; and

2.Within [ 15 21 ] calendar days of filing its notice of objection with the commissioner, submit all relevant additional information, documentation, or other pertinent data to the commissioner supporting its appeal of the recovery [ , termination action, ] or the disallowed costs.

22VAC40-920-30. Dismissal; burden of proof.

A. If the local department fails to appeal the recovery within the timeframe specified in 22VAC40-920-20, the right to appeal is lost.

B. The local department has the burden of proof to provide additional information that would reduce or remove the recovery.

C. If the local department fails to timely file a notice of appeal or fails to timely provide additional information for appealing the recovery, the requirements of the recovery shall become effective 30 calendar days from the date of issuance of the notification of a recovery.

22VAC40-920-40. Final decision by the commissioner.

A. [ The commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the local department. All hearings and meetings related to appeals shall be held in the Richmond, Virginia, area If the local department timely files a notice of appeal, the commissioner shall provide an opportunity for a hearing at a time, date, location, and in a manner to be determined by the commissioner. A written notice of the hearing shall be given to the local department at least five calendar days before the hearing. ]

1. The local department is entitled to be represented by counsel at all hearings and meetings related to appeals.

2. The local department will forfeit its right to further its appeal if it fails to show for the hearing, unless the commissioner approves the local department's request to reschedule the hearing.

B. The commissioner shall issue a final decision within 60 [ calendar ] days following the date the local department filed its objection with the commissioner. The final decision shall be based on the commissioner's review of the recovery details in addition to the evidence, information, and documentation provided by the local department pertaining to the recovery being appealed. The final decision shall be made in accordance with all applicable laws, regulations, and policies.

C. The final decision of the commissioner is (i) final, (ii) binding, and (iii) not subject to judicial review.

D. The local department shall implement the decision within 30 [ calendar ] days of the date of the final decision.