(a) Request for administrative hearing. A facility may request an administrative hearing at which it may refute the certification of noncompliance upon which the imposition of remedies is based, in accordance with the provisions of 42 C.F.R. § 431, Subpart D. The administrative hearing shall be pursuant to Chapter I and shall be requested by mailing by certified mail, return receipt requested, or personally delivering a written request for hearing to the Department within sixty days of the date the facility receives notice of the imposition of remedies. The request for hearing shall state with specificity the factual basis for the request. The failure to provide such specificity shall result in the denial of the request, with prejudice.
(b) Time of hearing. The administrative hearing shall be held before the effective date of the remedy or within 120 calendar days after the effective date of the remedy.
(c) No stay of remedy. The filing of a request for an administrative hearing shall not stay the effective date of the remedy.
(d) Matters not subject to appeal. A facility may not request an administrative hearing regarding:
(e) Burden of proof. The burden of proof shall be on the facility at an administrative hearing.
048-5 Wyo. Code R. § 5-23