(a) General

Within the time prescribed by law or regulation, or within ten days where no other time limit is prescribed, any Party entitled to further administrative review of the decision at an Agency which has a review process, may file a request for review with the appropriate reviewing Agency. Upon receipt of motion for administrative review, the reviewing Agency shall notify all other parties of any hearing scheduled.

(b) Division of Administrative Law Appeals (DALA) Appeals

For any decision adverse to a Petitioner, DALA shall send the Petitioner a copy of the decision with a notice informing the Petitioner of his or her right to appeal. The notice should specify:

  1. that the Petitioner must make a written request for appeal within 15 days of the date DALA mailed the notice;
  2. that the Petitioner must send the written request for hearing to DALA;
  3. that the Petitioner must ask for a new hearing in order to have a new hearing; and
  4. that unless the Petitioner requests a new hearing, the appeal shall be limited to a review of the record to determine if the decision was supported by substantial evidence.

This information was last updated on 12/22/2008.