1. (a) If a petitioner files an appeal for a hearing within the ten-day advance notice period, or five (5) days in case of probable fraud, the case will remain open at the petitioner’s request until the hearing case is closed by the Office of Appeals and Hearings of the Department of Human Services.

2. (b)

   1. (1) At the conclusion of the hearing, the hearing official will decide whether the case should be closed or services reduced prior to the rendering of the hearing decision.
   2. (2) The criteria for determining whether adverse action is taken prior to the rendering of the hearing decision will be based on whether or not a fact or judgment situation exists.
   3. (3) If it is determined that the sole issue is one of state or federal law or policy, the proposed action will be taken.

3. (c) Examples of issues of fact:

   1. (1) Verified earned or unearned income which caused net income to be in excess of the maximum income limitations; and

   2. (2)

      1. (A) Protest of agency policy.
      2. (B) The recipient agrees that his or her income or resources exceed the limitation but feels that the policy imposing these limitations is unreasonable.

4. (d)

   1. (1) If the sole issue is one of judgment relating to a state or federal law or policy, no adverse action is taken prior to the hearing decision.

   2. (2) Examples of judgment are:

      1. (A) Disability in MRT cases; and
      2. (B) Value of real or personal property.

5. (e)

   1. (1) The petitioner will be advised at the beginning of the hearing that a decision will be made at the conclusion of the hearing regarding whether the benefits will be reduced or terminated prior to the rendering of the hearing decision.
   2. (2) If the decision by the hearing official is to reduce or terminate benefits, a Notice of Action will be prepared by the Division of County Operations and mailed for immediate action.
   3. (3) This is not an additional ten-day notice.
6. (f) If a subsequent change occurs that results in adverse action while the hearing decision is pending and the petitioner does not appeal such action within the ten-day notice period, appropriate action will be taken.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “06/08/12” "MRT" means medical review team.