Section 338.90 Internal Review

Section 338

Section 338.90  Internal

Review

a)         After the Administrative Hearings Unit has received the

appellant's request for an appeal, the Administrator of the Administrative

Hearings Unit shall notify the Department that the appellant has appealed and

the Department shall send to the Administrator a copy of the notice of denial

of the application for a foster family home license.  The notice of denial

shall be prima facie evidence that the Department had a basis for refusing to

license the home.

b)         The Administrator shall ask both the Department and the

appellant to submit any documents, records, statements, or other materials

pertinent to the Department's denial of the application for licensure to create

an appeal file.  The Administrator shall further advise the Department and the

appellant of the intent to examine the appeal file, including all materials

submitted for the appeal file, to determine whether a genuine issue of material

fact exists.  Within fifteen days after the date of the Administrator's request

for materials, both the Department representative and the appellant shall

submit to the Administrative Hearings Unit and to the opposing party any and

all documents, records, statements, materials, or evidence to establish that

the Department's decision to deny the license was either correct or incorrect.

Fifteen days after the Administrator's request for materials, the Administrator

shall then proceed to complete the internal review based on the materials

received.

c)         The Administrator shall examine the entire appeal file,

including all materials submitted by both parties, and shall determine if a

genuine issue of material fact exists.

d)         If the Administrator determines that no genuine issue of

material fact exists, the Administrator shall dismiss the appeal.  The letter

dismissing the appeal shall be the final administrative decision of the

Department

Administrator shall examine the entire appeal file,

including all materials submitted by both parties, and shall determine if a

genuine issue of material fact exists.

d)         If the Administrator determines that no genuine issue of

material fact exists, the Administrator shall dismiss the appeal.  The letter

dismissing the appeal shall be the final administrative decision of the

Department.

e)         If the Administrator determines that there is no genuine issue

of material fact as to one or more of the major issues in the case but that

substantial controversy exists with respect to other major issues, the

Administrator shall specify in writing the major issue(s) about which there is

no dispute. The Administrator shall direct that a hearing be held only on the

contested issues.  At the hearing, facts specified by the Administrator as

without dispute shall be deemed established and the hearing conducted

accordingly.  The Administrator shall notify the parties of the matters which

may be appealed.

f)         If the Administrator determines that all the issues are

contested, the Administrator shall direct that a hearing be held and notify the

parties of the decision.