Current through Register Vol. 35, No. 11, June 11, 2024
Section 7.1.8.25 - TIMELINESSTo obtain an administrative appeal hearing, the facility must make a timely request in writing.
A. Suspensions, revocations, intermediate sanctions, or civil monetary penalties: The department must receive written request for an appeal hearing within ten (10) working days after the facility receives the department's final notice of suspension, revocation, intermediate sanction, or civil monetary penalty. In any appeal of the department's imposition of civil monetary penalties, final notice from which an appeal may be taken is that notice which sets out the total civil monetary penalty, including both the base amount and the daily accrual amount.B. Emergency suspension and emergency intermediate sanctions: The department shall provide notice of an administrative appeal hearing concurrently with notice of an emergency suspension or emergency intermediate sanction. The administrative appeal hearing is scheduled within five (5) working days of the date of imposition of the department's emergency action. The facility may waive this hearing and request a hearing at a later date. The department must receive such a waiver and written request for a later hearing within four (4) working days after the facility receives notice of the emergency action.C. Cease and desist order: The department must receive written request for an appeal hearing within five (5) working days after the facility receives the cease and desist order.12/3/90; 5/13/93; 5/28/99; Recompiled 10/31/01