(a) The following determinations may be appealed to the State Board of Education:

1. (1) An applicant may appeal the Department of Education’s determination that the student does not qualify for priority status under 6 CAR § 35-104(b);

2. (2) An account holder may appeal:

   1. (A) A final determination that the account holder has substantially misused EFA funds; or
   2. (B) The removal of the participating student from the Arkansas Children’s Educational Freedom Account Program;
3. (3) A prospective participating school or service provider may appeal the department’s determination that the prospective participating school or service provider is not eligible to participate in the program; and
4. (4) A participating school or service provider may appeal the department’s suspension or termination of the participating school or service provider from the program.

(b)

1. (1) All appeals shall be submitted using the appeal forms provided on the department’s website.
2. (2) If an appeal is not submitted on the appropriate appeal form, the appeal shall be denied.

(c)

1. (1) Appeals shall be submitted to the department within thirty (30) calendar days of the adverse decision by the department.
2. (2) The day that the department sends notice of its determination will not count as part of the thirty (30) calendar days.
3. (3) If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered timely submitted if it is received by the next business day after the weekend or state holiday.
4. (4) If an appeal is not timely submitted, the appeal shall be denied.

(f) The following procedures shall apply to state board hearings:

1. (1) All persons wishing to testify before the state board shall first be placed under oath by the Chair of the State Board of Education;
2. (2) The department shall have up to fifteen (15) minutes to present its case to the state board;
3. (3) The appealing party shall have up to fifteen (15) minutes to present its case to the state board;
4. (4) The chair may allow additional time if necessary;
5. (5) The state board may ask questions of any party at any time during the hearing;
6. (6) The state board shall then discuss, deliberate, and vote upon the matter;
7. (7) The state board will grant or deny the appeal based upon the totality of the evidence presented;
8. (8) The state board may announce its decision immediately after hearing all arguments and evidence, or it may take the matter under advisement and announce its decision at a later date provided that all discussions, deliberations, and votes upon the matter take place at a public hearing; and
9. (9) The state board shall provide a written decision within fourteen (14) days of announcing its decision.