Reconsideration of adverse regulatory action
Effective Sep 5, 2025Ark. R. 2025-14 (eff. September 5, 2025)Arkansas Code § 20-14-503; Arkansas Code § 6-87-101
(a)
- (1) The manager or administrator on record for a local provider program and, or, or both an individual service provider may ask for reconsideration of any adverse regulatory action taken by First Connections and, or, or both the lead agency by submitting a written request for reconsideration to: Director of Special Education Division of Elementary Education and Secondary Education, Office of Special Education 1401 West Capitol Avenue, Suite 450 Little Rock, Arkansas 72201
- (2) The written request for reconsideration of an adverse regulatory action taken by First Connections and, or, or both the lead agency must be submitted by the local provider program manager, owner, or administrator on record (or by the individual service provider when the adverse regulatory action was against an individual and not against a provider program) and must be received by the Department of Education within thirty (30) calendar days of the date of the written notice of the adverse regulatory action.
- (3) The written request for reconsideration of an adverse regulatory action must include without limitation the specific adverse regulatory action taken, the date of the adverse regulatory action, the name of the local provider program (or the individual service provider when the adverse action was not against a local provider program) against whom the adverse regulatory action was taken, the address and contact information for the manager on record for the local provider program against whom the adverse regulatory action was taken, and the legal and factual basis for reconsideration of the adverse regulatory action.
(b)
- (1) The department 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) First Connections and, or, or both the lead agency 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 department lead agency 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, whichever is later.
- (2) The department lead agency shall issue its determination to the manager, owner, or administrator on record for the local provider program using the address and contact information provided in the request for reconsideration.
- (d) The department lead agency may also unilaterally decide to reconsider any adverse regulatory action any time it determines, in its sole discretion, that an adverse regulatory action was inappropriate.