Utah Admin. Code R30-2-5 - Request for Agency Review
(1) If
a provider disagrees with the findings contained in a notice of agency action,
a provider may file a written request for review within thirty days from the
date of the notice of agency action.
(2) The request for review shall be filed
with the office and include:
(a) a fully
completed "Request for Review" form provided with the notice of agency
action;
(b) a copy of the notice of
agency action sent by the office; and
(c) a detailed explanation of why the
provider is seeking review.
(3)
(a) A
request for review shall be considered filed on the date it is received by the
office as indicated by the date and time:
(i)
hand-delivered to the office;
(ii)
of the postmark if it is mailed; or
(iii) logged on an email or
fax.
(b) If the postmark
date is illegible, erroneous, or omitted, the request for review shall be
considered filed on the date the office receives it, unless the provider can
demonstrate through competent evidence it was mailed before the date of
receipt.
(4)
(a) If a provider does not request review in
a recovery action, a provider shall repay the money sought to be recovered in
the notice of agency action within 30 days.
(b) A provider may repay money to the
division by:
(i) sending in a check to the
address listed in the notice of recovery;
(ii) contacting the office to arrange for a
credit adjustment; or
(iii) voiding
the original claim paid by the division.
(c) If a provider has not repaid the division
within 60 days from the date of the notice of recovery, the office shall issue
a final order and request the division initiate a credit adjustment in the
amount listed on the notice of recovery.
(5) If a provider does not request review in
a payment suspension action, the suspension shall become effective on the date
indicated in the notice of suspension.
(6)
(a) If
a provider does not object to the remedy requested in the notice of agency
action after having requested review, the provider may send a withdrawal of the
request for hearing to the office.
(b) In response to the provider's withdrawal
of the request for hearing, the office shall enter a final order closing the
case and canceling any further proceedings.
Notes
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