The Administrative Appeals and Hearings process provides a mechanism by which an applicant or client may appeal adverse action taken under a program funded through DHS. Complaints which solely assert an objection to federal or state laws or regulations are not subject to appeal under this procedure.

When a complainant wishes to request an administrative hearing, he or she shall do so by submitting a request in writing to the DHS Appeals and Hearings Office. The request must be received by the Appeals and Hearings Office no later than 10 calendar days from the date of complainant's receipt of the informal review decision from the CFO. The complainant shall submit the written request to:

Arkansas Department of Human Services

Appeals and Hearings Office

P.O. Box 1437, Slot N401

Little Rock, AR 72203-1437

Complainant shall submit a copy of the request to the DHS CFO or designee, as well.

The complainant shall include the following in the appeal request:

Upon receipt of a request for a formal hearing, the Appeals and Hearings Office shall request a copy of the client's or applicant's file from the responsible program division.

Note to the program division: The file should contain relevant records which constitute documentary evidence to support the notice of adverse action sent, verification obtained which resulted in the adverse action, relevant correspondence, and any information supplied by the complainant. The file must also contain a Hearing Statement prepared by the program division which summarizes the basis for the adverse action and the position of the division. The Hearing Statement, however, is not original evidence, so complete documentation is required in the file to support the Hearing Statement. The Hearing Statement shall contain the issue as stated by the complainant. The Hearing Statement shall also list the name of the program division representative for the administrative hearing.

Appeals and Hearings Office shall notify the complainant by form notice that he or she has 15 calendar days from the date of the notice to review the Hearing File at the program division or at a specified DHS County Office and to notify the Appeals and Hearings Office of any individuals he or she wishes to subpoena for the administrative hearing.

The program division must advise the Appeals and Hearings Office of any witnesses the program division wishes to have subpoenaed to document the adverse action taken. The reverse side of the Hearing Statement provides space to request subpoenas for witnesses. Appropriate program division employees shall attend administrative hearings without being subpoenaed.

The Appeals and Hearings Office shall notify the program division of any witnesses the complainant has requested to be subpoenaed. The program division representative shall have 5 calendar days from the receipt of this notice to request subpoenas for rebuttal witnesses.

After the time has expired for subpoenaing witnesses, the hearing officer shall schedule the hearing to afford the parties, and attorneys, if any, at least 10 calendar days notice of the date, place, and time of the hearing. The scheduling letter shall also contain the name of the hearing officer who will conduct the hearing. In the event any party cannot attend the hearing for good cause, the party may request that the hearing be rescheduled. The hearing officer may reschedule the hearing upon a showing of good cause.

The hearing will normally be held at the DHS Appeals and Hearings Office in Little Rock. It may be held at a DHS County Office upon request made to the hearing officer.

The program division representative shall be familiar with the case and be able to answer pertinent questions relating to the issue at hand. The program division representative shall be prepared to cross-examine adverse witnesses. The program division representative may request legal assistance when preparing for the hearing and may also request representation at the hearing by written request directed to the DHS Chief Counsel.

A hearing officer from the DHS Appeals and Hearings Office will conduct the hearing. No person who had any part in the decision being appealed may serve as the hearing officer. The complainant may secure representation by a friend, attorney, or other designated representative. The hearing officer shall conduct the hearing in an informal but orderly and controlled manner.

The hearing officer shall explain the hearing procedure to the parties. The program division representative shall read the Hearing Statement. The complainant may also present an opening statement.

The complainant has the burden of proving whatever facts it must establish to sustain its position by a preponderance of the evidence. The program division shall present its case first, which includes presenting evidence and questioning witnesses. The complainant shall then present his/her case. He/she may do so with the aid of others. The hearing officer shall give the complainant opportunity to present witnesses, to advance arguments, to offer additional evidence, and to question or refute any testimony or evidence. The hearing officer shall allow the complainant to question the program division representative and to confront and cross-examine any adverse witnesses. Questioning of parties and witnesses shall be confined to the issues involved. All relevant evidence may be presented as directed by the hearing officer. The hearing officer may question any party or witness.

If the complainant fails to appear for the hearing and does not contact the Appeals and Hearings Office prior to the date of the hearing of his/her inability to attend, the appeal will be considered abandoned.

The hearing officer shall prepare a Final Order based on a comprehensive report of the proceedings, in a format consisting of an Introduction, Findings of Fact, Conclusions of Law and a Decision. The Appeals and Hearings Office shall issue the Final Order within 90 calendar days from the receipt of the appeal. The hearing officer may shorten the time when appropriate upon good cause demonstrated by a party to the proceeding.

If the complainant is not satisfied with the decision of the Appeals and Hearings Office, he or she has the right to judicial review under the Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-212 as amended. The complainant must file the petition in an appropriate Circuit Court within 30 calendar days from the date he/she received the Final Order of the Appeals and Hearings Office. The Court will serve copies of the petition on the program division, the DHS Appeals and Hearings Office, and any other parties of record in a manner authorized under the Arkansas Rules of Civil Procedure.