(a) Pursuant to Arkansas Code § 6-21-814, a school district may appeal any final written determination of the Division of Public School Academic Facilities and Transportation made under the provisions of the Arkansas Public School Academic Facilities Program Act, Arkansas Code § 6-21-801 et seq., by following this process:

1. (1)

   1. (A) A school district may request in writing, and the division shall provide within twenty (20) calendar days, a written determination concerning a matter directly affecting the school district that is covered under Arkansas Code §§ 6-21-801– 6-21-815.
   2. (B) A school district may not utilize the procedures outlined in this section to request a written determination that is in effect a request for reconsideration of an earlier written determination;

2. (2)

   1. (A) If the school district wishes to appeal the written determination of the division, the school district shall, within sixty (60) calendar days of receipt of the division’s written determination, submit to the Department of Education’s Office of General Counsel, with a copy to the division, a written request for an appeal or an appeal and hearing with the Commission for Arkansas Public School Academic Facilities and Transportation.
   2. (B) With its written request, the school district shall submit a brief written statement of no more than fifteen (15) pages explaining, in clear and express terms:

(i) The facts of the case; and

1. (ii) How the division’s determination is:

(b) (b) Outside the legal authority vested in the division.

1. (C) At the time of submitting its initial brief, the school district shall indicate whether it requests a formal hearing before the commission.

   1. (D) If the appeal or appeal and request for hearing are not received within sixty (60) calendar days from the date of the receipt of the division’s written determination, the commission shall deny the appeal on the grounds that it is untimely;

2. (3)

   1. (A)

      1. (i) Upon timely receipt of the school district’s written request for an appeal or appeal and hearing, the division may prepare a written statement in response.
      2. (ii) The division’s written response is limited to fifteen (15) pages.
   2. (B) The division shall provide its written response to the department’s Office of General Counsel, with a copy to the school district, within thirty (30) calendar days of receipt of the school district’s written request for an appeal; and

3. (4)

   1. (A) Once the written statements from the school district and the division are received by the commission, the commission shall consider the appeal at the call of the chair of the commission.
   2. (B) Except for good cause shown, the chair of the commission shall schedule the meeting for consideration of the appeal within thirty (30) calendar days of receipt of the division’s written response.

   3. (C) Notice of the date, time, and location of the meeting shall be sent to the:

      1. (i) Appealing school district; and
      2. (ii) Division.

   4. (D) If requested by the appealing school district, or if the commission determines that a hearing is necessary, a hearing concerning the appeal shall be held:

      1. (i) During the meeting; and
      2. (ii) In accordance with 6 CAR § 320-202 of this part.

(b) A school district or public charter school may appeal a final written determination of the division made under Arkansas Code § 6-21-816 related to a school district petition for a waiver by following this process:

1. (1) A school district or public charter school may not utilize the procedures outlined in this subsection to request a written determination that is in effect a request for reconsideration of an earlier written determination;

2. (2)

   1. (A) If the school district or public charter school wishes to appeal the written determination of the division, it shall, within sixty (60) calendar days of receipt of the division’s written determination, submit to the department’s Office of General Counsel, with a copy to the division and to the nonappealing party, a written request for an appeal or an appeal and hearing with the commission.

   2. (B) With its written request, the appealing party shall submit a brief written statement of no more than fifteen (15) pages explaining, in clear and express terms:

      1. (i) The facts of the case; and
      2. (ii) How the division’s determination is:

(b) (b) Outside the legal authority vested in the division.

1. (C) At the time of submitting its initial brief, the appealing party shall indicate whether it requests a formal hearing before the commission.

   1. (D) If the appeal or appeal and request for hearing is not received by the division within sixty (60) calendar days from the date of the receipt of the division’s written determination, the commission shall deny the appeal on the grounds that it is untimely;

2. (3)

   1. (A) Upon timely receipt of the appealing party’s written request for an appeal or appeal and hearing, the division and nonappealing party each may prepare a brief written statement in response, each of which is limited to fifteen (15) pages.
   2. (B) The division and nonappealing party shall provide any written response to the department’s Office of General Counsel, with a copy to the appealing party, within thirty (30) calendar days of receipt of the appealing party’s written request for an appeal; and

3. (4)

   1. (A) Once written responses are received by the commission or the time to provide a written response passes, whichever is earlier, the commission shall consider the appeal at the call of the chair of the commission.
   2. (B) Except for good cause shown, the chair of the commission shall schedule the meeting for consideration of the appeal within thirty (30) calendar days of receipt of the written response or responses.

   3. (C) Notice of the date, time, and location of the meeting shall be sent to the:

      1. (i) Appealing party;
      2. (ii) Nonappealing party (regardless of whether it filed a written response); and
      3. (iii) Division.

   4. (D) If requested by the appealing party or if the commission determines that a hearing is necessary, a hearing concerning the appeal shall be held:

      1. (i) During the meeting; and
      2. (ii) In accordance with 6 CAR § 320-202 of this part.