Ariz. Admin. Code § 6-6-2213

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-6-2213 - Hearing Decision

A. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issue in dispute.

B. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision and the reasons therefore. A copy of the decision, together with an explanation of the appeal rights, shall be delivered or mailed to each party or designated representative not more than 60 days from the date of filing the request for hearing unless the delay was caused by the appellant, in which case the time limit for delivery is extended by the number of days attributable to the appellant.

C. In those cases where the Division must take additional action as a result of the decision, the action shall be taken immediately.

D. All decisions in favor of the appellant apply retroactively to the date of the action being appealed or to the date the hearing officer specifically finds appropriate.

E. The decision of the hearing officer shall become the final decision of the Department 15 days after it is issued unless a written petition for review to the Appeals Board or the AHCCCS Grievance and Appeals Division has been filed or the case has been removed to the Appeals Board for review.

Ariz. Admin. Code § R6-6-2213

Section R6-6-2213 recodified from R6-6-2013 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).