Ala. Admin. Code r. 560-X-3-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 560-X-3-.06 - Action By Agency On Hearing

(1) Prompt, definitive, and final administrative action will be taken within sixty (60) days between the request for a hearing and the rendering of the decision, unless there are extenuating circumstances that require additional time. If the hearing is not completed within 60 days, the recipient or provider will be notified of the reason for the delay. In any event, final administrative action will be taken within ninety (90) days from the date of request for a hearing. The complainant will receive written notification of the decision.

(2) Recommendations of the Hearing Officer shall be based exclusively on evidence and other material introduced at the hearing. A verbatim transcript of testimony and exhibits, or an official report by the Hearing Officer containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding and the Hearing Officer's recommendations, shall constitute the exclusive record for decision on a live hearing and shall be available to the complainant at any reasonable time. The storage, proper maintenance and security of such records shall be the responsibility of the Director, Hearings, Alabama Medicaid Agency.

(3) Adverse decisions approved by the Commissioner, as the hearing authority, shall contain a statement that rehearing and/or judicial review of this decision is available pursuant to the provisions of the Alabama Administrative Procedure Act. The Commissioner shall notify the requestor, in writing regarding the hearing decision.

Authors: Robert R. Crumpler; William O. Butler.

Ala. Admin. Code r. 560-X-3-.06

Rule effective October 1, 1982. Amended effective August 9, 1984; January 1, 1986.

Statutory Authority: § 1902 (a)(3), Title XIX, Social Security Act; 42 C.F.R. § 431.200 - 431.245; § 41-22-17, Alabama Administrative Procedure Act.