(a) Notice of intent to deny adoption assistance. The application for adoption assistance may be denied if the child does not meet eligibility criteria. Form 04AN003E, Notice of Intent to Deny Adoption Assistance, is sent to the adoptive parent(s) by certified mail.
(b) Additional review. Following issuance of Form 04AN003E, the adoptive parent(s) is given 30 days from the date on Form 04AN003E to provide additional proof of eligibility by filing Part B of Form 04AN011E, Request for Review of Denial, and attaching additional information or documentation that might affect the approval of the original application. If the adoptive parent(s) provides additional information, the application is reviewed by the Adoption Assistance Review Committee, and a final determination is delayed, pending the review. • 1 If the Adoption Assistance Review Committee denies the application, Form 04AN004E, Final Notice of Denial of Adoption Assistance, is sent to the adoptive parent(s) by certified mail.
(c) Request for fair hearing.
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(1) There is an opportunity for an administrative fair hearing, per OAC 340:2-5-91, for any adoptive parent(s) whose:
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(A) application for adoption assistance has been:
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(B) Form 04AN002E, Adoption Assistance Agreement, has been:
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(2) The adoptive parent(s) may request a fair hearing:
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(A) upon receipt of Form 04AN003E if the adoptive parent(s) does not have additional information or documentation to submit for further consideration by the Adoption Assistance Review Committee, but believes the child is eligible for adoption assistance benefits; or
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(B) if the adoptive parent(s) has requested a review of denial pursuant to subparagraph (b) of this Section and received Form 04AN004E and still believes the child is eligible for adoption assistance benefits.
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(3) The request for a fair hearing is submitted in writing to OKDHS using Form 13MP005E, Resource Family Request for a Fair Hearing, within 30 days of the date of: