1. (a)

   1. (1) Whenever the Office of Long-Term Care denies, suspends, or revokes a license, it shall send to the applicant or licensee, by certified mail, a notice stating the reasons for the action.

   2. (2) The notice shall:

      1. (A) State the:

2. (i) Nature of intended action;

   1. (ii) Rule allegedly violated; and

      1. (iii) Nature of the evidence supporting the allegation; and

      2. (B) Set forth with particularity the asserted:

         1. (i) Violations;
         2. (ii) Discrepancies; and
         3. (iii) Dollar amounts.
   2. (3) The applicant or licensee may appeal such notice to the Long-Term Care Facility Advisory Board [abolished] as permitted by Arkansas Code § 20-10-303 [repealed].

3. (b)

   1. (1) All appeals shall be made in writing, directed to the Chair of the Long-Term Care Facility Advisory Board, within thirty (30) days of receipt of notice of intended action.

   2. (2) The appeal shall:

      1. (A) State the basis for the appeal with supporting documentation attached; and

      2. (B) Set forth with particularity those asserted violations, discrepancies, and dollar amounts which the appellant contends are in compliance with this part.

         1. (c)
   3. (1) Appeals must be heard by the board within sixty (60) days following date of the chair’s receipt of written appeal unless otherwise agreed by both parties.

   4. (2) The chair shall notify the party or parties of the date, time, and place of hearings at least seven (7) working days prior to the hearing date.

      1. (d) Preliminary motions must be made in writing and submitted to the chair or hearing officer, with service to the opposing party, at least three (3) days prior to hearing date, unless otherwise directed by the chair or hearing officer.

4. (e)

   1. (1) All pleadings filed in any proceeding shall be typewritten on white paper, size eight and one-half by eleven inches (8 ½” x 11”), using one (1) side of the paper only and double-spaced.
   2. (2) They shall bear a caption clearly showing the title of the proceeding in connection with which they are filed.

   3. (3) All pleadings shall:

      1. (A) Be signed by the party or his or her authorized representative or attorney; and
      2. (B) Contain signer's address and telephone number.

   4. (4)

      1. (A) All pleadings shall be served upon each of the parties, unless the board orders otherwise because of numerous parties.

      2. (B) Each pleading required to be served upon a party shall contain a statement by the party or his or her attorney stating:

         1. (i) That a copy of the pleading has been served;
         2. (ii) The date and method of service; and
         3. (iii) If by mail, the name and address of the persons served.
      3. (C) Service on the Office of Long-Term Care shall be made to the Office of Chief Counsel of the Department of Human Services.
      4. (D) Service on a party represented by an attorney shall be on the attorney.

5. (f)

   1. (1) The chair shall act as chair in all appeal hearings.
   2. (2) In the absence of the chair, the board may elect one (1) of their members to serve as chair.
   3. (3) The chair shall vote only in case of a tie.
   4. (4) The chair may request legal counsel and staff assistance in the conduct of the hearing and in the formal preparation of their decision.
6. (g) A majority of the members of the board shall constitute a quorum of all appeals.

7. (h) If the appellant fails to appear at a hearing, the board may:

   1. (1) Dismiss the appeal; or

   2. (2) Render a decision based on the evidence available.

      1. (i)
   3. (1) A dismissal for nonappearance may be set aside by the board if the appellant makes application to the chair in writing within ten (10) calendar days after the mailing of the decision, showing good cause for his or her failure to appear at the hearing.
   4. (2) All parties shall be notified in writing of an order granting or denying any application to vacate the decision.

8. (j)

   1. (1) Any party may appear at the hearing and be heard through:

      1. (A) An attorney at law; or
      2. (B) A designated representative.
   2. (2) All persons practiced by attorneys before the courts of the state.

9. (k) Each party shall have the right to:

   1. (1) Call and examine parties and witnesses;
   2. (2) Introduces exhibits;
   3. (3) Question opposing witnesses and parties on any matter relevant to the issue;
   4. (4) Impeach any witness regardless of which party first called him or her to testify; and

   5. (5) Rebut the evidence against him or her.

      1. (l) Testimony shall be taken only on oath or affirmation under penalty or perjury.

         1. (m)
   6. (1) Irrelevant, immaterial, and unduly repetitious evidence shall be excluded.
   7. (2) Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs.
   8. (3) Objections to evidentiary offers may be made and shall be noted of record.
   9. (4) When a hearing will be expedited, any part of the parties will not be substantially prejudiced.
   10. (5) Any part of the evidence may be received in written form.

10. (n)

    1. (1) The chair or hearing officer shall control the taking of evidence in a manner best suited to:

       1. (A) Ascertain the facts; and
       2. (B) Safeguard the rights of the parties.
    2. (2) The Office of Long-Term Care shall present its case first.
11. (o) A party shall arrange for the presence of his or her witnesses at the hearing.
12. (p) Any member of the board may question any party or witness.

13. (q)

    1. (1) A complete record of the proceedings shall be made.
    2. (2) A copy of the record may be transcribed and reproduced at the request of a party to the hearing, provided he or she bears the cost thereof.
14. (r) Written notice of the time and place of continued or further hearing shall be given, except that when a continuance or further hearing is ordered during a hearing, oral notice of the time and place of the hearing may be given to each party present at the hearing.
15. (s) In addition to this part, the hearing provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall apply.

16. (t)

    1. (1) At the conclusion of testimony and deliberations by the board, the board shall vote on motions for disposition of the appeal.
    2. (2) After reaching a decision by majority vote of those members, the board may direct that findings of fact and conclusions of law be prepared to reflect the board’s recommendations to the chair.

    3. (3) At his or her discretion, the chair shall have the right to:

       1. (A) Accept, reject, or modify a recommendation; or
       2. (B) Return the recommendation to the board for further consideration for a more conclusive recommendation.
    4. (4) All decisions shall be based on findings of fact and law and are subject to and must be in accordance with applicable state and federal laws and regulations.
    5. (5) The final decision by the chair shall be rendered in writing to the appellant.

Codification Notes: Long-Term Care Facility Advisory Board was abolished by Acts 2017, No. 540, § 39. Arkansas Code § 20-10-303 was repealed by Acts 2005, No. 898, § 4.