Virginia Administrative Code
Title 12 - HEALTH
Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Chapter 110 - ELIGIBILITY AND APPEALS
Part I - Client Appeals
Subpart II - Hearing Officer Review
Article 3 - Hearing
Section 12VAC30-110-370 - Final decision and transmission of the hearing record

Current through Register Vol. 41, No. 3, September 23, 2024

A. After conducting the hearing, reviewing the record, and deciding questions of law, the hearing officer shall issue a written final decision based upon the evidence and testimony presented. The hearing officer's final decision shall be considered as the agency's final administrative action pursuant to 42 CFR 431.244(f). The final decision shall include:

1. A description of the procedural development of the case;

2. Findings of fact that identify supporting evidence;

3. Conclusions of law that identify supporting regulations and law;

4. Conclusions and reasoning;

5. The specific action to be taken by the agency to implement the decision;

6. The deadline date by which further action must be taken; and

7. A cover letter stating that the hearing officer's decision is final, and stating that the final decision may be appealed directly to circuit court as provided in 12VAC30-110-40.

B. The hearing record shall be forwarded to the appellant and the appellant's authorized representative with the final decision.

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

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