- (a) Each appeal shall begin with the filing of a written notice of appeal in the time and manner specified for the subject matter of the appeal.
(b)
(1) Upon receipt of a sufficient and timely notice of appeal, the Office of Appeals and Hearings shall:
- (A) Assign a number to the appeal;
- (B) Schedule the appeal for a hearing within the applicable timeframe; and
- (C) Mail written notice of the time, date, and place of the appeal to the parties by regular mail posted at least thirteen (13) days before the date of the hearing.
- (2) The office may also send notice of the hearing electronically for parties that have opted to receive electronic communications.
- (3) Department of Human Services parties may be notified by interdepartmental mail or by department email.
- (4) Notice is presumptively complete upon mailing or upon transmission by interdepartmental mail or department email.
(c)
- (1) Upon receipt of an untimely notice of appeal, the office shall notify the appellant that the appeal was not filed in time.
- (2) The notice shall be sent by regular mail or electronically for parties that have opted to receive electronic communications, and shall inform the person that he or she may have a right under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., to appeal the office’s determination of untimely filing.
(d)
- (1) Upon receipt of an appeal filed other than in the manner specified for the subject matter of the appeal, the office shall inform the appellant that the appeal was defective and explain the defect.
- (2) The notice shall be sent by mail, or electronically for parties that have opted to receive electronic communications, and shall inform the appellant that he or she may have a right under the Arkansas Administrative Procedure Act to appeal the office’s determination that the appeal was defective.