20 CAR § 401-907 – Hearings

(a) A licensee may contest the imposition of a civil penalty by sending a written request for hearing to the Secretary of the Department of Human Services.
(b) The request for hearing must be received by the secretary within ten (10) working days after receipt by the facility of the notice of violation.
(c) The secretary shall designate a fair and impartial hearing officer to:
1. (1) Preside over the case; and
2. (2) Make findings of fact and conclusions of law in the form of a recommendation to the secretary.
(d) The hearing officer shall commence the hearing within forty-five (45) calendar days of the department’s receipt of the request for hearing.
(e) The hearing officer shall prepare and present a written report with a recommendation to the secretary.
(f) 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.
(g)
1. (1) The secretary shall issue a final decision within thirty (30) working days after the close of the hearing.
2. (2) All decisions of the secretary may be reviewed by a court of competent jurisdiction as provided under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(h)
1. (1) Assessment payments (fines) shall be delivered to the Office of Long-Term Care:
  1. (A) Within ten (10) working days of the receipt of the notice of violation (see 20 CAR § 401-906(e)); or
  2. (B) Within ten (10) working days of receipt of the final adjudication.
2. (2) Checks should be made payable to the State of Arkansas.
(i) Facilities failing to pay duly assessed civil penalties shall be subject to a corresponding reduction in succeeding Medicaid vendor payment or initiation of proceedings to revoke the facility's license or both.
(j) 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 § 20-10-209.