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within 10 days of receipt of the decision or by the next possible effective date, whichever comes first. Recoupment policy must be applied if appropriate.

19.20 Case Action If the appeal was conducted as a result of a denial and the decision reverses the CM/ES Worker action, the CM/ES Worker must take immediate action to approve benefits in accordance with the time frame set by the hearing decision.

19.21 Motion for Reconsideration Any party aggrieved by a final fair hearing decision may, within 10 days of the service of the order, file a written Motion for Reconsideration, which shall specify in detail the grounds for relief sought and supporting authorities. The Office of Administrative Hearings (OAH) may order reconsideration on its own motion within 10 days after the service of the final order.

The filing of a motion for reconsideration shall not suspend or delay the effective date of the order, and the order shall take effect on the date fixed by the Office of Administrative Hearings and shall continue in effect unless the motion is granted or until the order is superseded, modified, or set aside as provided by law.

A Motion for Reconsideration will only be granted on the basis of:

1. A material error of law

2. A material error of fact

3. The discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.

The Office of Administrative Hearings may order a rehearing or enter an order with reference to the motion without ordering a hearing, and shall dispose of the motion within 30 days after it is filed. If the Office of Administrative Hearings determines, in its discretion, that a rehearing is necessary, the matter shall be set for further proceedings as soon as practicable.

If after such rehearing, it appears that the original decision, order, or determination is in any respect unlawful or unreasonable, the hearing officer/committee may reverse, change, modify, or suspend the same accordingly. Any decision, order, or determination made after such reconsideration, reversal, change, modification, or suspension of the original determination shall have the same force and effect as the original decision, order, or determination.

19.22 Appeals to Administrative Law Judges The A/R has the right to appeal an adverse decision of the Fair Hearing Committee to the Administrative Law Judges for judicial review. This must be initiated within 30 days of the decision of the Fair Hearing Committee.