(a)

1. (1) If the school district wishes to appeal the final determination of the Academic Facilities Review Board, the school district shall within thirty (30) calendar days of receipt of the board’s final determination, submit to the Department of Education’s Office of General Counsel, with a copy to the Division of Public School Academic Facilities and Transportation, a written request for an appeal or an appeal and hearing from the board’s final determination to the Commission for Arkansas Public School Academic Facilities and Transportation.

2. (2) 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:

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

(i) Not supported by substantial evidence; or

1. (ii) Outside the legal authority vested in the division.
2. (3) At the time of submitting its initial brief, the school district shall indicate whether it requests a formal hearing before the commission.
3. (4) If the appeal or appeal and request for hearing are not received within thirty (30) calendar days from the date of the receipt of the board’s written final determination, the commission shall deny the appeal on the grounds that it is untimely.

(b)

1. (1)

   1. (A) 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. (B) The division’s written response is limited to fifteen (15) pages.

2. (2) 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.

   1. (c)
3. (1) 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.
4. (2) 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.

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

   1. (A) Appealing school district; and
   2. (B) Division.

6. (4) 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. (A) During the meeting; and

   2. (B) In accordance with 6 CAR § 320-303 of this part.

      1. (d)
7. (1) If the board’s final determination will result in a greater level of state financial participation in a project than previously authorized by the division, the board’s final determination shall be reviewed by the commission at the call of the chair of the commission.
8. (2) When the chair of the commission determines that a review is mandated by subdivision (d)(1) of this section, the chair shall, within thirty (30) calendar days of the date of the board’s decision, give written notice to the appealing school district and the division that the final determination shall be reviewed by the commission.

9. (3) Within thirty (30) calendar days of receipt of notice from the chair of the commission, the appealing school district shall submit to the department’s Office of General Counsel, with a copy to the division, a brief written statement of no more than fifteen (15) pages explaining, in clear and express terms:

   1. (A) The facts of the case; and

   2. (B) How the division’s determination is:

      1. (i) Not supported by substantial evidence; or
      2. (ii) Outside the legal authority vested in the division.
   3. (C) At the time of submitting its initial brief, the school district shall indicate whether it requests a formal hearing before the commission.

10. (4)

    1. (A)

       1. (i) Upon timely receipt of the school district’s brief written statement, the division may prepare a written statement in response.
       2. (ii) The division’s written response shall be 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 brief written statement.

11. (5)

    1. (A) Once the written statements from the school district and the division are received by the commission, the commission shall consider the review 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 review 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 review shall be held:

       1. (i) During the meeting; and
       2. (ii) In accordance with 6 CAR § 320-303 of this part.