Programmatic Administrative Agency Appeal Decision

Programmatic Administrative Agency Appeal Decision. Unless the Programmatic Administrative Agency Appeal is abandoned or withdrawn, the Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations and/or State and Federal law. An Appellant shall present relevant evidence and policy, regulations, and/or laws demonstrating, by a preponderance of the evidence, that MDHS’s adverse action was improper. If an Appellant has failed to do so, the Hearing Officer’s decision shall identify and explain how the Appellant failed to meet their burden of proof. The Hearing Officer shall send a Programmatic Administrative Agency Appeal decision to an Appellant within sixty (60) calendar days from the date an Appellant requested an appeal, unless the time frame for a decision has been extended pursuant to Rule 4.7 Continuing, Expediting, or Reconvening a Hearing. The decision shall include a grant or denial of the Appellant’s appeal, the reasoning for said decision, and, if applicable, the relief granted. The Hearing Officer’s decision shall constitute the final Agency action concerning the Appellant’s Programmatic Administrative Agency Appeal.