(1) A person aggrieved by an adverse department action regarding eligibility for any service of the developmental disabilities program, except as otherwise provided in this rule, may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337, except as otherwise provided in this rule.

(2) An adverse decision regarding eligibility for family education and support services, other than for federally funded Part H family education and support services, is appealable through the internal grievance procedure provided by the contractor. If a resolution to the adverse decision regarding eligibility cannot be reached through the internal grievance procedure, the adverse decision is appealable by an aggrieved party in accordance with ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337.

(3) An adverse decision regarding eligibility for federally funded Part H family education and support services is appealable through the internal grievance procedure provided by the contractor. Parents may choose either to use or not to use the internal grievance procedure. The adverse decision is also appealable in accordance with the procedures for resolving complaints regarding federally funded Part H early intervention services as provided by federal rule at 34 CFR 303.420 through 303.425. The department hereby adopts and incorporates by reference the impartial procedures for resolving individual child complaints regarding federally funded Part H early intervention services published, July 1, 1994, by the United States department of education, at 34 CFR 303.420 through 303.425.