AUTHORITY The following rules and regulations for the - Arkansas ...

116.5 If the licensee decides to appeal the assessment of civil penalty, the request for hearing must be received
by the Executive Director of the Department of Human Services within ten (10) working days after receipt by
the facility of the Notice of Violation. (Refer to Section 117, Hearings.)
117 HEARINGS
1. A licensee may contest the imposition of a civil penalty by sending a written request for hearing to the
Director of the Arkansas Department of Human Services.
2. The request for hearing must be received by the Director of the Arkansas Department of Human Services
within ten (10) working days after receipt by the facility of the Notice of Violation.
3. The Director of the Arkansas Department of Human Services shall designate a fair and impartial Hearing
Officer to preside over the case and make findings of fact and conclusions of law in the form of a
recommendation to the Director.
4. The Hearing Officer shall commence the hearing within forty-five (45) calendar days of the Department's
receipt of the request for hearing.
5. The Hearing Officer shall prepare and present a written report with a recommendation to the Director of the
Arkansas Department of Human Services.
6. The Director of the Arkansas Department of Human Services shall review the case and make the final
determination or remand the case to the Hearing Officer for further findings of law or facts.
7. The Director of the Arkansas Department of Human Services shall issue final decision within thirty (30)
working days after the close of the hearing. All decisions of the Director may be reviewed by a court of
competent jurisdiction as provided under the Arkansas Administrative Procedure Act.
8. Assessment payments (fines) shall be delivered to the Office of Long Term Care within ten (10) working
days of the receipt of the Notice of Violation (see Section 116.5) or within ten (10) working days of receipt of
the final adjudication. Checks should be made payable to the State of Arkansas.
9. Facilities failing to pay duly assessed civil penalties shall be subject to a corresponding reduction in
succeeding Medicaid vendor payment or initiation of proceedings to revoke the facility's license or both.
10. All monies collected by the licensing agency pursuant to these regulations shall be deposited in the Long
Term Care Trust Fund as specified in Arkansas Code Annotated § 20-10-205.
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Residential Care Facilities R. 08/01/07