Utah Admin. Code R410-14-14 - Proposed Decision and Final Agency Review
(1) At the
conclusion of the hearing, the hearing officer shall take the matter under
advisement and submit a recommended decision to the DIH Director or the
director's designee. The recommended decision is based on the testimony and
evidence entered at the hearing, Medicaid policy and procedure, and legal
precedent.
(2) The recommended
decision must contain findings of fact and conclusions of law.
(3) The DIH Director or the director's
designee may:
(a) adopt the recommended
decision or any portion of the decision;
(b) reject the recommended decision or any
portion of the decision, and make an independent determination based upon the
record; or
(c) remand the matter to
the hearing officer to take additional evidence, and the hearing officer
thereafter shall submit to the DIH Director or the director's designee a new
recommended decision.
(4)
The director or designee's decision constitutes final administrative action and
is subject to judicial review.
(5)
DIH shall send a copy of the final administrative action to each party or
representative and notify them of their right to judicial review.
(6) The parties shall comply with a final
decision from the director reversing the agency's decision within ten calendar
days.
(7) The DHHS Executive
Director shall review all recommended decisions to determine approval of
medical assistance for an organ transplant. The executive director's decision
constitutes final administrative action and is subject to judicial
review.
Notes
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