Reconsideration of adverse regulatory actions
Arkansas Code § 20-48-205; Arkansas Code § 20-48-208; Arkansas Code § 20-48-209
(a)
- (1) An ADDT may ask for reconsideration of any adverse regulatory action taken by the Division of Provider Services and Quality Assurance by submitting a written request for reconsideration to: Division of Provider Services and Quality Assurance Office of the Director Requests for Reconsideration of Adverse Regulatory Actions P.O. Box 1437, Slot 427 Little Rock, Arkansas 72203
- (2) The written request for reconsideration of an adverse regulatory action taken by the Division of Provider Services and Quality Assurance must be submitted by the ADDT and received by the Division of Provider Services and Quality Assurance within thirty (30) calendar days of the date the ADDT received written notice of the adverse regulatory action.
(3) The written request for reconsideration of an adverse regulatory action taken by the Division of Provider Services and Quality Assurance must include without limitation:
- (A) The specific adverse regulatory action taken;
- (B) The date of the adverse regulatory action;
- (C) The name of the ADDT against whom the adverse regulatory action was taken;
- (D) The address and contact information for the ADDT against whom the adverse regulatory action was taken; and
- (E) The legal and factual basis for reconsideration of the adverse regulatory action.
(b)
- (1) The Division of Provider Services and Quality Assurance shall review each timely received written request for reconsideration and determine whether to affirm or reverse the adverse regulatory action taken based on this part.
- (2) The Division of Provider Services and Quality Assurance 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 based on this part.
(c)
- (1) The Division of Provider Services and Quality Assurance 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 of Provider Services and Quality Assurance under subdivision (b)(2) of this section, whichever is later.
- (2) The Division of Provider Services and Quality Assurance shall issue its determination to the ADDT using the address and contact information provided in the request for reconsideration.
(d)
- (1) An applicant may ask for reconsideration of a determination by the Division of Developmental Disabilities Services that a county is not underserved by submitting a written request for reconsideration pursuant to Appeals, 20 CAR pt. 544.
(2) If a determination that a county is not underserved is reversed on reconsideration by the Division of Developmental Disabilities Services or on appeal by an agency or court with jurisdiction:
- (A) The applicant shall notify the Division of Provider Services and Quality Assurance of the reversal and submit a written request for reconsideration to the Division of Provider Services and Quality Assurance as provided in this section for any adverse regulatory action taken by the Division of Provider Services and Quality Assurance based on the initial determination; and
- (B) The Division of Provider Services and Quality Assurance shall review the written request for reconsideration as provided in this section.
- (e) The Division of Provider Services and Quality Assurance 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.