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MEDICAL SERVICES POLICY MANUAL,SECTION M M-500 State Income Tax Refund Interception (STRI) M 541 Contents of the Administrative Hearing Decision
M-541 Contents of the Administrative Hearing Decision MS Manual 01/01/14 The hearing decision will contain the following information. 1. An Introduction - This part of the decision will summarize the reason for the appeal. Any pertinent information regarding the appeal is included. The date and location of the hearing must appear. The participants in the hearing must be named. 2. Findings of Fact - The facts upon which the decision is rendered are contained in this section. 3. Conclusionsof Law - This section will summarize the appropriate program policy which will either validate or invalidate the overpayment. 4. Decision - This section contains the decision. Based upon the facts presented and the appropriate conclusions of law, a decision is rendered. The decision will determine if the overpayment is valid. If so, then the tax refund would be intercepted, if not, then it would be released.
M-542 Notification of Decision MS Manual 01/01/14 The Final Order will be issued to the taxpayer, the appropriate County DHS Office, and the Overpayment Recovery Unit.
M-543 Judicial Review MS Manual 01/01/14 Hearing decisions adverse to the household are sent via certified mail, return receipt requested. This procedure ensures that timely filing for judicial review may be ascertained. Households not satisfied with an Administrative Hearing decision have the right to judicial review under the Administrative Procedures Act. The household must file a petition in the Circuit Court of the county in which the household lives or does business or in the Circuit Court of Pulaski County within 30 days from the date the household received the Administrative Hearing decision. Copies of the petition are served to DCO and other parties of record by personal delivery or mail.