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How the hearing decision is made and issued varies slightly depending on the agency processing the hearing.
AHCCCS:
The ALJ makes a written, recommended decision. The AHCCCS Director reviews the ALJ’s recommendation and may amend it. The AHCCCS Director issues the final written decision to the customer.
DES
For DES-administered programs, the ALJ makes a written decision. The Office of Appeals issues the ALJ’s written decision to the customer.
Term |
Definition |
Director’s Decision |
The Director’s Decision notifies the complainant of the: · Hearing decision; and · Right to petition for a rehearing. |
AHCCCS
The ALJ makes a written recommended decision within 20 days from the day of the hearing. The AHCCCS Director reviews the ALJ’s recommendation.
The written decision is issued within 30 days from the date of the ALJ’s recommended decision and within 90 days after the date the appeal request was filed, or 120 days if a continuance was requested or granted.
If the appeal request is expedited, the written decision is issued within 7 days after the date the appeal request was filed.
DES
A final decision is issued within 90 days from the appeal request date.
If the appeal request is expedited, the written decision is issued within 7 days after the date the appeal request was filed.
The customer is notified of the:
· Decision; and
· Right to appeal the decision (see MA1708).
This requirement applies to the following programs:
Program |
Legal Authorities |
All Programs |
42 CFR 431.244 and 245 AAC R9-34-111 |