Section 383.125 What May Not Be Reviewed Through the Administrative Hearing Process

Section 383.125  What May Not Be Reviewed Through the

Administrative Hearing Process

The Chief Administrative Law Judge shall decide whether an

issue is appropriate for the administrative hearing process pursuant to this

Part.  The following circumstances are not appropriate for the administrative

hearing process under this Part:

a)         the

Department has previously made a final administrative decision on the issue on

appeal;

b)         the request

for an administrative hearing is not related to a decision to revoke a license,

refuse to renew a license, or refuse to issue a full license to the holder of a

permit;

c)         a

court has made a judicial decision on the issue sought to be reviewed through

the administrative hearing process;

d)         denial of an initial

license or a permit;

e)         a conflict

related to the terms and conditions contained in a conditional license

agreement;

f)         a conflict

related to the terms and conditions contained in a corrective plan or

protective plan;

g)         the licensee or permit

holder has surrendered the license or permit;

h)         denial of a new license

upon expiration of a conditional license; or

i)          the issue is reviewable

under another administrative rule.