20 CAR § 435-111 – Appeal process

(a) If the Department of Human Services denies, suspends, or revokes deaf mental health professional certification status, i.e., takes adverse action, the affected provider may appeal the department’s adverse action.
(b) Appeals must be submitted in writing to the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(c)
1. (1) The provider has thirty (30) calendar days from the date of the notice of adverse action to appeal.
2. (2) An appeal request received within thirty-five (35) calendar days of the date of the notice will be deemed timely.
(d) The appeal must state with particularity the error or errors asserted to have been made by the department in denying, suspending, or revoking the referenced certification status, and cite the legal authority for each assertion of error.
(e)
1. (1) Within thirty (30) calendar days after receiving an appeal the director shall:
  1. (A) Designate a person who did not participate in reviewing the application or in the appealed-from adverse decision to hear the appeal;
  2. (B) Set a date for the appeal hearing; and
  3. (C) Notify the appellant in writing of the date, time, and place of the hearing.
2. (2) The hearing shall be set within sixty (60) calendar days of the date the division receives the request for appeal, unless a party to the appeal requests and receives a continuance for good cause.
(f) The department shall record each hearing and maintain the hearing record.
(g)
1. (1) The hearing official shall issue the decision within forty-five (45) calendar days of the date that the hearing record is completed and closed.
2. (2)
  1. (A) The hearing official shall issue the decision in a written document that contains:
(i) Findings of fact;
1. (ii) Conclusions of law; and
  1. (iii) The decision.
  2. (B) The findings, conclusions, and decision shall be mailed to the appellant except that if the appellant is represented by counsel, a copy of the findings, conclusions, and decision shall also be mailed to the appellant’s counsel.
2. (3) The decision is the final agency determination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
3. (4)
  1. (A) Delays caused by the appealing party shall not count against any deadline.
  2. (B) Failure to issue the decision within the time required is not a decision on the merits and shall not alter the rights or status of any party to the appeal, except that any party may pursue legal process to compel the hearing official to render a decision.