Section 17-1444-8 - Appeal(a) A nurse aide training and competency evaluation program may appeal the department's decision to revoke a nurse aide training and competency evaluation program's certification. When the department revokes a current certification, the department shall mail a written notice via certified mail to the nurse aide training and competency evaluation program's last known address as may be shown on the certification. The written notice shall include: (1) The reasons for the action being taken by the department; and(2) A statement explaining the nurse aide training and competency evaluation program's right to appeal the department's decision to the director of the department, in writing, no later than thirty days after the date of the notice of the action.(b) Upon receiving a timely written appeal, the director of the department shall give notice of and an opportunity for a hearing before a hearing officer. Based on the evidence presented at the hearing, the hearing officer shall make the final decision for the department as to whether the certification shall be revoked.(c) At any hearing provided for by this section, the nurse aide training and competency evaluation program may be represented by counsel and shall have the right to call, examine, and cross-examine witnesses. Evidence may be received even though inadmissible under rules of evidence applicable tinder court procedures.(d) The hearing officer's decision shall be in writing, shall contain findings of fact and rulings of law, and shall be mailed to the parties to the proceedings by certified or registered mail to the last known address as shown on the certification.(e) Filing an appeal shall not stay the department's revocation of a certification.[Eff JUL 12 2013] (Auth: HRS §§ 346-14, 346-46) (Imp: 42 C.F.R. § 483.151)