Current through Bulletin No. 2024-21, November 1, 2024
Section R30-2-5 - Request for Agency Review(1) If a provider disagrees with the findings contained in a notice of agency action, a provider may file a written request for review within thirty days from the date of the notice of agency action.(2) The request for review shall be filed with the office and include: (a) a fully completed "Request for Review" form provided with the notice of agency action;(b) a copy of the notice of agency action sent by the office; and(c) a detailed explanation of why the provider is seeking review.(3)(a) A request for review shall be considered filed on the date it is received by the office as indicated by the date and time:(i) hand-delivered to the office;(ii) of the postmark if it is mailed; or(iii) logged on an email or fax.(b) If the postmark date is illegible, erroneous, or omitted, the request for review shall be considered filed on the date the office receives it, unless the provider can demonstrate through competent evidence it was mailed before the date of receipt.(4)(a) If a provider does not request review in a recovery action, a provider shall repay the money sought to be recovered in the notice of agency action within 30 days.(b) A provider may repay money to the division by: (i) sending in a check to the address listed in the notice of recovery;(ii) contacting the office to arrange for a credit adjustment; or(iii) voiding the original claim paid by the division.(c) If a provider has not repaid the division within 60 days from the date of the notice of recovery, the office shall issue a final order and request the division initiate a credit adjustment in the amount listed on the notice of recovery.(5) If a provider does not request review in a payment suspension action, the suspension shall become effective on the date indicated in the notice of suspension.(6)(a) If a provider does not object to the remedy requested in the notice of agency action after having requested review, the provider may send a withdrawal of the request for hearing to the office.(b) In response to the provider's withdrawal of the request for hearing, the office shall enter a final order closing the case and canceling any further proceedings.Adopted by Utah State Bulletin Number 2018-12, effective 6/1/2018