Reconsideration of adverse regulatory actions
Arkansas Code § 20-48-205; Arkansas Code § 20-76-201; Arkansas Code § 25-10-129
(a)
- (1) A provider may ask for reconsideration of any adverse regulatory action taken by the Division of Developmental Disabilities Services by submitting a written request for reconsideration in accordance with Appeals, 20 CAR pt. 544.
- (2) The written request for reconsideration of an adverse regulatory action taken by the division must be submitted by the provider and received by the division within thirty (30) calendar days of the date of the written notice of the adverse regulatory action received by the provider.
(3) The written request for reconsideration of an adverse regulatory action must include without limitation:
- (A) The specific adverse regulatory action taken;
- (B) The date of the adverse regulatory action;
- (C) The name of the provider against whom the adverse regulatory action was taken;
- (D) The address and contact information for the provider; and
- (E) The legal and factual basis for reconsideration of the adverse regulatory action.
(b)
- (1) The division shall review each timely received written request for reconsideration and determine whether to affirm or reverse the adverse regulatory action taken.
- (2) The division may request, at its discretion, additional information as needed to review the adverse regulatory action and determine whether the adverse regulatory action taken should be affirmed or reversed.
(c)
- (1) The division shall issue in writing its determination on reconsideration within thirty (30) days of receiving the written request for reconsideration or within thirty (30) days of receiving all information requested by the division under subdivision (b)(2) of this section, whichever is later.
- (2) The division shall issue its determination to the provider using the address and contact information provided in the request for reconsideration.
- (d) The division may also decide to reconsider any adverse regulatory action on its own accord any time it determines, in its discretion, that an adverse regulatory action is not consistent with this part.