25 CAR § 30-109 – Procedural rules

(a)
1. (1) The Department of Human Services or the Office of Medicaid Inspector General must prove the act or omission upon which the exclusion is based by a preponderance of the evidence.
2. (2) An excluded person or entity must prove the elements of any defense by a preponderance of the evidence.
(b) Administrative due process shall be accomplished via existing department processes for appeals by an excluded person or entity.
(c)
1. (1) An excluded person or entity is entitled to an administrative hearing.
2. (2) The hearing must be held:
  1. (A) Within a reasonable time after temporary exclusion; and
  2. (B) Before any exclusion other than a temporary exclusion.
(d) Expunged records of a plea or finding of guilt shall be considered by the department for purposes of this part unless otherwise excluded by law or regulation.