Section R6-6-2215. Review by the Appeals Board

A.      An appellant who is a non-DD/ALTCS client or non-ALTCS service provider may request review of an adverse hearing decision within 15 days after the decision is mailed or other- wise delivered to him.

1.        The request for review shall be in writing, signed and dated. It shall set forth the grounds for the request and may be filed personally or by mail through the Division’s Office of Compliance and Review or the Office of Appeals to the Appeals Board.

2.        If the request for review is filed in a timely manner, the Division shall make no change in the case action until the Appeals Board decision is issued.

B.       The Department may request review by the Appeals Board before a hearing officer’s decision becomes final. The request shall be in writing, signed by an Assistant Attorney General, and shall specifically state the error which forms the basis for the request for review.

C.      The Appeals Board may remove to itself any matter before a hearing officer before the issuance of a decision, or, if a deci- sion has been issued, before the decision has become final.

Upon removal, the Appeals Board shall notify all parties of the removal.

D.      In case of removal or review, the Appeals Board shall notify the Office of Appeals that it has accepted jurisdiction, and the Office of Appeals shall prepare a complete record of the case, including a transcript which shall be provided without cost to all parties upon request.

E.       A copy of the Appeals Board decision, together with a state- ment specifying the rights for further review, shall be distrib- uted to each party.

Historical Note

Section R6-6-2215 recodified from R6-6-2015 at 9

A.A.R. 36, effective December 13, 2002 (Supp. 02-4).