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016.06.16-3007.9.0. Appeal Decision

AR ADC 016.06.16-3007.9.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 06. Division of Medical Services
Rule 16. Options Counseling and Mds Referrals
Ark. Admin. Code 016.06.16-3007.9.0
016.06.16-3007.9.0. Appeal Decision
Currentness
A. The Hearing Officer shall issue a recommended decision within 10 working days after the close of the hearing, the receipt of the transcript, or the submission of post-trial briefs requested or approved by the hearing officer, whichever is latest.
B. The Director shall review each recommendation. He or she may:
1. Approve the recommendation; or
2. Modify the recommendation in whole or in part; or
3. Remand the appeal to the hearing officer for further proceedings. On remand the hearing officer shall conduct further proceedings as set forth in the Notice of Remand and shall submit a new recommended decision to the Director.
C. If the Director modifies a recommendation, in whole or in part, or remands the decision, the Director shall state in writing the reasons for the remand or modification, including statutory, regulatory, factual, or other grounds.
D. If the Director takes no action on the hearing officer's recommendation within 60 calendar days of receiving the recommendation, the recommendation shall be the final agency disposition as defined at Ark. Code Ann. § 25-15-202(5).
E. The Director's modification or approval of a hearing officer's recommendation is the final agency disposition as defined at Ark. Code Ann. § 25-15-202(5).

Credits

Adopted May 15, 2011. Amended June 30, 2012.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.06.16-3007.9.0, AR ADC 016.06.16-3007.9.0
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