1. A. An applicant or provider may appeal the following Department decisions:

   1. 1. Denial of certification or re-certification;
   2. 2. Suspension of a certificate; and
   3. 3. Revocation of a certificate.
2. B. A person who wishes to appeal an adverse action shall file a written request for a hearing with the Department within 15 calendar days of the date on the notice or letter advising the provider of the adverse action.
3. C. The Department shall conduct a hearing as prescribed in 6 A.A.C. 5, Article 75. Decisions based on failure to clear a fingerprint check or criminal history check are not appealable under this Article.
4. D. Matters relating to contractual agreements with the Department, including payment rates and amounts, are not appealable under this Article.
5. E. When an adverse action based on R6-5-5226(A)(7) is appealed under this Article, allegations of child maltreatment are not at issue and shall not be adjudicated in an administrative proceeding conducted under subsection (C).

Historical Note

New Section R6-5-5228 renumbered from R6-5-5227 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).