(1)If the Department requests additional information from the claimant to substantiate a claim, and there is no response from the claimant within 90 days of the request, the Department may close the file.
(2)If the Department is unable to determine legal entitlement from the evidence submitted and any supporting documentation received or provided by supplemental filings, the Department shall give written notice of denial.
(a)The notice of denial shall include the specific reason for denial and shall include a notice of an opportunity for a contested case hearing.
(b)Within 60 days after the date of written notice of denial provided under paragraph (a) of this subsection, the claimant may request a contested case hearing on the matter.
(c)A request for a contested case hearing shall be in writing and shall identify issues of law or fact raised by the denial and include a summary of the evidence of ownership on which the claim was originally submitted.
(d)Within 30 days after the Department receives a request for a contested case hearing submitted under paragraph (c) of this section, the Department shall contact the claimant to schedule a hearing date by mutual agreement. The Department shall confirm the hearing date by written notice to the claimant.
(e)The contested case hearing shall be conducted by a hearings officer appointed by the Director.
(f)Additional evidence shall not be admissible at the hearing, except by mutual consent of the hearing’s officer, the claimant and any other parties to the proceeding. If such additional evidence is not admitted, the hearings officer shall terminate the hearing and allow the claimant to resubmit the claim with the new evidence.
Rule 141-040-0220 — Claim Denial/Closure,