§ 299.17. What must a party seeking to appeal an SEA's written resolution of a complaint or failure to resolve a complaint in 45 days include in its appeal request?
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/us/cfr/t34/s§ 299.17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A party appealing an SEA's written resolution of a complaint, or failure to resolve a complaint, must include the following in its request within 30 days of either the SEA's resolution or the 45-day time limit:
(1)A clear and concise statement of the parts of the SEA's decision being appealed, if applicable.
(2)The legal and factual basis for the appeal.
(3)A copy of the complaint filed with the SEA.
(4)A copy of the SEA's written resolution of the complaint being appealed, if one is available, including all supporting documentation required under § 299.16(h).
(5)Any supporting documentation not included as part of the SEA's written resolution of the complaint being appealed.
(b)Unless substantiating documentation identified in paragraph
(a)of this section is provided to the Department, the appeal is not considered complete. Statutory or regulatory time limits are stayed until the appeal is complete as determined by the Department.
(c)In resolving the appeal, if the Department determines that additional information is necessary, all applicable statutory or regulatory time limits are stayed pending receipt of that information. \[89 FR 70344, Aug. 29, 2024\]