20 CAR § 400-2610 – Hearings on the imposition of civil money

(a) A licensee may contest the imposition of civil penalty by sending a written request for hearing to the Secretary of the Department of Human Services who shall designate a hearing officer to preside over the case and make findings of fact and conclusions of law in the form of a recommendation to the secretary.
(b) The secretary shall review the case and make the final determination or remand the case to the hearing officer for further findings of law or facts.
(c) The request for hearings must be received by the secretary within ten (10) working days after receipt by the facility of the notice of violation.
(d) The hearing officer shall commence the hearing within forty-five (45) days of receipt of the request for hearing.
(e) The secretary shall issue a final decision within ten (10) working days after the close of the hearing.
(f)
1. (1) Assessments shall be delivered to the Office of Long-Term Care within ten (10) working days of the receipt of the:
  1. (A) Notice of violation; or
  2. (B) Final determination by the secretary in contested cases.
2. (2) Checks should be made payable to the State of Arkansas.
(g) Facilities failing to pay duly assessed civil penalties shall be subject to a corresponding reduction in succeeding Medicaid vendor payment, initiation of proceedings to revoke the facility's license, or both.
(h) All moneys collected by the licensing agency pursuant to these rules shall be deposited into the Long-Term Care trust fund as specified in Arkansas Code § 20-10-205.