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MS 0545 (1) Volume 1 - General Administration MS 0545 - R. 1/1/19 - OMTL-538 Judicial Review of the Cabinet Secretary/Secretary’s Designee The recipient may request the Circuit Court in the county of residence to review any Cabinet Secretary/Secretary’s Designee decision. A. A request for review must be filed within 30 days from the date of the Cabinet Secretary/Secretary’s Designee decision. B. The Office of Administrative Hearings certifies the official hearing record and forwards it to the court. C. The court reviews the record as certified by the Secretary, Cabinet for Health and Family Services, and no other evidence can be admitted. D. The court reviews the case to determine if: 1. There was sufficient probative evidence to support the Cabinet Secretary/Secretary’s Designee decision; 2. The regulations on which the decision was based are reasonable; or 3. The Appeal Board acted arbitrarily, unlawfully, or in a manner that constitutes an abuse of discretion. E. If the court upholds the decision of the Cabinet Secretary/Secretary’s Designee, the case record is returned to the local office with appropriate notation. F. If the court reverses the decision, the Appeal Unit reviews the record and judgment to determine whether appeal on the part of the Cabinet is justified. If no further appeal is needed, official notification of reversal is issued by the Cabinet Secretary/Secretary’s Designee.] G. See MS 0520 for local office procedures after the appeal decision is received.