Appeal For Review Of Initial Order

(1) An appeal of an initial order entered by an Administrative Judge shall be filed with the Administrative Judge in the manner specified by the Administrative Procedures Division of the Secretary of State’s office and a copy sent to the Executive Secretary. The appeal need not be in any particular form, but must: (a) Be filed within the period of time provided for appeal in the initial order; (b) Identify the allegedly erroneous finding(s) of fact and/or conclusion(s) of law in the initial order; and (c) Identify how the rights of the Party filing the appeal have allegedly been prejudiced because the administrative findings, inferences, conclusions, or decisions are: 1. In violation of constitutional or statutory provisions; 2. Made upon unlawful procedures; 3. Arbitrary and capricious or characterized by abuse of discretion; or CONTESTED CASE PROCEDURES CHAPTER 0600-01 4. Unsupported by evidence that is both substantial and material in light of the entire record. (2) The Administrative Procedures Division of the Secretary of State’s office or the Executive Secretary shall acknowledge receipt in writing of any appeal under this rule.