6 CAR § 195-107 – Procedures for filing an appeal with the School Worker Defense Program Advisory Board

(a) The individual or entity filing the claim may appeal the initial determination of the Program Administrator by filing a written notice of appeal with the School Worker Defense Program Advisory Board within twenty (20) days of receipt of the initial determination.
(b) The written notice of appeal shall be sent certified mail, return receipt requested, to: School Worker Defense Program Advisory Board ATTN: Program Administrator (APPEAL) Division of Elementary and Secondary Education Four Capitol Mall Little Rock, Arkansas 72201
(c)
1. (1) The written notice of appeal shall include a detailed explanation of:
  1. (A) How the request for protection, coverage, reimbursement, or payment meets the requirements of Arkansas Code § 6-17-1113 and this part; and
  2. (B) Whether the appealing party wishes to appear in person at the meeting during which the advisory board will review the appeal.
2. (2) If the appealing party does not wish to appear in person at the meeting during which the appeal will be heard, the advisory board may determine whether to grant or deny the appeal based upon the written materials provided by the appealing party and the Program Administrator.
(d) The advisory board shall schedule a meeting to review the appeal as soon as practicable, but no later than thirty (30) days from the date of receipt of the notice of appeal by the School Worker Defense Program.
(e) The Program Administrator shall notify the appealing party in writing of the date, time, and location of the meeting during which the advisory board will review the appeal.
(f) If the appealing party appears at the meeting during which the appeal is heard, the following procedures shall apply:
1. (1)
  1. (A) The Program Administrator shall provide an introduction of the matter and present the reasons supporting the Program Administrator’s initial determination.
  2. (B) The presentation of the Program Administrator shall be limited to fifteen (15) minutes;
2. (2) The appealing party or the appealing party’s representative may provide a presentation of up to fifteen (15) minutes explaining how the appealing party’s request for protection, coverage, reimbursement, or payment meets the requirements of Arkansas Code § 6-17-1113 and this part;
3. (3) The chair of the advisory board may, for good cause, allow the Program Administrator and/or the appealing party additional time to complete their presentations; and
4. (4) Any member of the advisory board may, at any time, ask questions of the Program Administrator or appealing party.
(g) A decision to grant or deny the appeal shall be made by a majority of the members of the advisory board who are present at the meeting during which the appeal is heard.
(h)
1. (1) The advisory board’s decision shall:
  1. (A) Be in writing or stated in the record; and
  2. (B) Include findings of fact and conclusions of law, separately stated.
2. (2) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(i)
1. (1) The advisory board shall notify the appealing party of its decision concerning the appeal within seven (7) days of the meeting during which the appeal is considered.
2. (2) The notice shall include a copy of the written decision issued by the advisory board.
(j) A decision to grant or deny the appeal shall be final.