Sec. 7405.8. Appeal procedures

(a) Residents shall have the right to appeal the hearing disposition and any sanction(s). Such appeal shall be submitted in writing within 15 days of the resident’s receipt of the disposition, specifying the grounds for appeal.

(b) The facility director or designee shall be required to send the resident’s appeal and hearing proceeding paperwork, within 15 days of receipt, to the Deputy Commissioner of Rehabilitative Services or designee for review.

(c) The Deputy Commissioner of Rehabilitative Services or designee review shall be completed within 45 days of receipt of the resident’s appeal and hearing paperwork.

(d) The Deputy Commissioner of Rehabilitative Services or designee may confirm, reduce or modify all or part of the sanction(s), but not increase them.

(e) Residents shall be notified in writing of the Deputy Commissioner of Rehabilitative Services’ decision regarding their disciplinary appeal.