(1) A request for a hearing must be in writing and received by
the Department:
(a) within ten (10) days after the date on which a notice of
denial of a request for enrollment or notice of suspension or termination was
transmitted to the provider; or
(b) concerning any other action or inaction by the Department
which aggrieves the provider, within ten (10) days after the date of the later
of:
1. the Department's action for which the hearing is sought, if
no opportunity for Administrative Review was available, or
2. notice of the final decision of the entity to which request
for Administrative Review has been addressed.
In determining the timeliness of a request, the Department will
compute the number of days in accordance with Rule 350-1-.01(24), if the date
of the provider's receipt of notice of the adverse action being appealed is
known to the Department; if the date of receipt by the provider is not known,
the Department shall add five (5) days from the date of transmission of the
notice to allow for delivery. Nothing herein shall bar proof of actual date of
receipt by the provider or its agent, subject to the provisions of subsection
19.
(2) The request for a hearing must include all of the
following:
(a) a clear expression by the provider or an authorized
representative that the provider wishes to present a case to an Administrative
Law Judge;
(b) identification of the adverse administrative review
decision or other Department action being appealed and, if only part of such
decision or action aggrieves the provider, the specific part which the provider
will address at the hearing;
(c) a specific statement of why the provider believes the
administrative review decision or other Department action is wrong; and
(d) a statement of the relief sought.
(3) If any of the requirements listed in Paragraph (2) have not
been met, the Department shall so notify the provider. Thereafter, the
Department must receive a corrected request within ten (10) days of the
provider's receipt of the deficiency notice or the request shall be deemed
untimely.
(4) Requests for hearings shall be denied if the Department
determines that:
(a) the request was not timely filed;
(b) the action or inaction appealed by the provider is solely
the result of a change in state or federal law;
(c) the issues raised by the provider fall outside the
jurisdiction of the administrative hearing process; or
(d) the requesting party has not been aggrieved.
If there is a bona fide question of fact
concerning any of the items described in this Subsection 4, and the provider
establishes such question of fact by sworn affidavit within a reasonable time
set by the Office of Special Services and made known in writing to the
provider, the Department shall grant a hearing and defer these questions for
final determination by the Administrative Law Judge.
Notes
Ga. Comp. R. & Regs. R. 350-4-.05
Ga. L. 1977, p. 384, et seq.; O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule was filed on
April 11, 1978; effective
May 1, 1978.
Repealed: ER.
350-4-0.4-.05 adapted. F. Oct. 5, 1989;
eff. Sept. 29, 1989, the date of
adoption, to remain in effect for 120 days or until adoption of a permanent
Rule superseding said Emergency Rule, as specified by the Agency.
Repealed:
Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the
Agency.