(b) The procedures to conduct the hearing are as follows:

1. (1)

   1. (A) The hearing record will contain all documents, exhibits, and testimony admitted into evidence by the hearing officer.
   2. (B)

(i) Within twenty (20) calendar days of receipt of notice that a petitioner has requested a hearing, the petitioner and the Office of Long-Term Care will prepare a file to be submitted to the Appeals and Hearings Section and mail a copy of the file by certified mail, return receipt requested, to the other party.

1. (ii) The file will contain only documentary evidence supporting or tending to support each party's allegations.

   1. (C)

      1. (i) The Office of Long-Term Care will also submit an administrative hearing statement summarizing the determination/decision.
      2. (ii) This statement is not evidence.
   2. (D) Only such portions of each file as are determined by the hearing officer to be relevant shall be included in the administrative hearing record;

2. (2)

   1. (A) Both parties will be advised by the Appeals and Hearings Section via certified mail, return receipt requested, that they have ten (10) calendar days from the date the certified mail receipt was signed to review the hearing file and submit a request to subpoena witnesses.
   2. (B) The request shall include the name, address, and telephone number of all witnesses not employed by the department.

   3. (C) Department employees will be:

      1. (i) Expected to attend hearings and present testimony without the benefit of a subpoena; and
      2. (ii) Notified by the Appeals and Hearings Section of their required presence at the hearing.

   4. (D) Each party will:

      1. (i) Be notified of any witnesses requested; and
      2. (ii) Have five (5) working days from the receipt of this notice to request subpoenas for rebuttal witnesses.
   5. (E) The department’s Office of Chief Counsel will issue the subpoenas, pursuant to the terms and authority of Arkansas Code § 20-76-103;

3. (3)

   1. (A) After the time frame has expired for subpoenaing witnesses, the hearing officer will schedule the hearing to afford the petitioner, the Office of Long-Term Care, and their attorneys, if any, at least ten (10) calendar days’ notice of the date, place, and time of the hearing.
   2. (B) The scheduling letter, sent via certified mail with return receipt requested, shall also contain the name of the hearing officer who will conduct the hearing.
   3. (C) In the event the petitioner, the Office of Long-Term Care representative, or an attorney representing the petitioner, suffers from illness or cannot attend the hearing due to scheduling conflicts, that party may request the hearing be continued.
   4. (D) The hearing will be rescheduled by the hearing officer upon a showing of good cause.
   5. (E) A request for continuance made by the petitioner or the petitioner's attorney will constitute a waiver of any objection as to timeliness of the hearing.
   6. (F) In each case, the hearing and hearing record must be completed within one hundred twenty (120) calendar days of receipt of the request for a hearing;
4. (4) The hearing will take place at a place and time convenient for the petitioner;

5. (5)

   1. (A) If the petitioner fails to appear for the hearing and does not contact the Appeals and Hearings Section prior to the date of the hearing of his or her inability to attend, the appeal will be deemed abandoned.
   2. (B) The petitioner will be advised of this fact in the scheduling letter;

6. (6)

   1. (A) It is the responsibility of the Office of Long-Term Care to designate a representative prior to the time of the hearing.

   2. (B) The representative should be:

      1. (i) Familiar with the circumstances of the determination/decision; and
      2. (ii) Able to summarize the pertinent aspects of the situation and present the documentation to support the basis for the determination/decision.

   3. (C) The representative should also be:

      1. (i) Able to answer questions posed by the petitioner or the hearing officer relative to the issues; and
      2. (ii) Prepared to cross examine adverse witnesses.
   4. (D) The representative may request the services of an Office of Chief Counsel attorney for representation at the hearing;

7. (7)

   1. (A) If any party is to be represented by an attorney, notice shall be given to all parties and to the Appeals and Hearings Section at least ten (10) calendar days prior to the hearing.
   2. (B) Failure to furnish notice shall entitle other parties to a continuance to obtain counsel.
   3. (C) Petitioner's failure to furnish notice shall constitute a waiver of objection as to timeliness of the hearing;
8. (8) The hearing will be conducted by a hearing officer from the Appeals and Hearings Section who had no part in the determination/decision upon which the hearing is being conducted;

9. (9) The petitioner may be:

   1. (A) Accompanied by friends or other persons; and

   2. (B) Represented by:

      1. (i) A friend;
      2. (ii) Legal counsel; or
      3. (iii) Other designated representative;
10. (10) The hearing officer may not review the case record or other material either prior to or during the hearing unless such material is made available to the petitioner or his or her representative;

11. (11)

    1. (A) The hearing will be conducted in an informal but orderly manner.
    2. (B) The hearing officer will explain the hearing procedure to the petitioner.
    3. (C) The administrative hearing statement will be read by the Office of Long-Term Care representative who will present his or her case, which includes introducing evidence and questioning witnesses.

    4. (D)

       1. (i) After completion of the Office of Long-Term Care’s case, the petitioner's case will be presented.
       2. (ii) This includes the opportunity to:

(b) (b) Advance arguments;

1. (c) (c) Offer additional evidence;

   1. (d) (d) Question the representative; and

(e) (e) Confront and cross examine adverse witnesses.

1. (iii) If the petitioner is unable to present his or her evidence in a logical manner, the hearing officer will assist him or her.

   1. (E) Questioning of all parties will be confined to the issue or issues involved; and

2. (12)

   1. (A) The hearing officer will prepare a comprehensive report of the proceedings.

   2. (B) The report will consist of:

      1. (i) An introduction;
      2. (ii) Findings of fact;
      3. (iii) Conclusions of law; and
      4. (iv) A decision.
   3. (C) The report shall constitute the final agency determination.
   4. (D) The determination shall be mailed to the petitioner and the Office of Long-Term Care.