Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 14 - Department of Finance (Administrative Services) › Rule 016.14.07-001 - Policy 1088 - DHHS Participant Exclusion Rule

Current through Register Vol. 49, No. 6, June, 2024
1088.0.0
DHHS PARTICIPANT EXCLUSION
			 RULE
1088.1.0
Purpose
1088.1.1 DHHS shall
			 conduct business only with responsible participants. Participants will be
			 excluded from participation in DHHS programs not as penalty, but rather to
			 protect public funds, the integrity of publicly funded programs, and public
			 confidence in those programs.
1088.1.2 Participant exclusion is a serious
			 action that shall be used only in the State's best interests and for the
			 protection of the public and DHHS. DHHS shall impose exclusion only in
			 accordance with this rule.
1088.2.0
Substantive Rules
1088.2.1 Definitions:
A.
Administrative
			 Adjudication
- an adjudication conforming to the Administrative
			 Procedure Act, codified as Ark. Code Ann. §
									25-15-201
et seq
.
			 Administrative adjudications must be limited to the extent necessary to avoid
			 compromising any ongoing criminal investigation.
B.
Appropriation
-
			 the authority granted by the Arkansas General Assembly to expend public funds
			 for specified purposes.
C.
Automatic Exclusion
-
exclusion
imposed following and based upon a final
			 adjudication of one or more acts or omissions described in 1088.2.3.1 below.
			 Participants automatically excluded cannot have an administrative adjudication
			 of the facts or law determined by the final adjudication.
D.
Civil Judgment
-
			 the disposition of a civil action by any court of competent jurisdiction,
whether
entered by verdict, decision, settlement,
			 stipulation, or otherwise creating a civil liability for a wrongful
			 act.
E.
Collateral
			 Exclusion
- exclusion from one program based upon a previous final
			 exclusion from another program as provided in 1088.2.3.4 below.
F.
Common Ownership
- when an entity, entities, an individual or individuals possess 5% or more
			 ownership or equity in the participant.
G.
Control
- where
			 an individual or an organization has the power, directly or indirectly,
			 significantly to influence or direct the actions or policies of a
			 participant.
H.
DHHS
- the Arkansas Department of Health and Human
			 Services, including all divisions, offices, and units thereof.
I.
Director
- the
			 DHHS Director or the Director's designee.
J.
Due Process
- a
			 full and fair opportunity to be heard, including the right to call and cross
			 examine witnesses, as part of a civil, criminal, or administrative
			 adjudication.
K.
Final
			 Determination
- Unless provided otherwise in federal law or
			 regulation, a final determination exists when, with respect to a determination
			 upon which the exclusion is based, the deadline to appeal that determination
			 has passed or all appeals have been exhausted.
L.
Immediate Family
			 Member
- spouse; natural or adoptive parent, child, or sibling;
			 step-parent, child, or sibling; father, mother, brother, sister, son or
			 daughter-in-law; grandparent or grandchild.
M.
Nonconforming Commodities or
			 Services
- goods and services not in accordance with the
			 obligations under the contract.
N.
Participant
- a person or entity that is a party or is
			 seeking to become a party to a contract, grant or agreement with DHHS to
			 furnish commodities or services to, on behalf of, or as a grantee or
			 sub-grantee or recipient of DHHS.
O.
Preponderance of the
			 Evidence
- proof of any nature that, when compared with that
			 opposing it, leads to the conclusion that the fact in issue is more probably
			 true than not.
P.
Related Party
- an immediate family member or a person
			 or an entity associated or affiliated with, or which shares common ownership,
			 control, or common board members, or which has control of or is controlled by
			 the participant.
Q.
Temporary Exclusion
- exclusion pending an
			 investigation and adjudication (if the participant timely requests
			 adjudication) imposed upon a finding that there is a reasonable basis to
			 believe that one or more grounds for exclusion as specified in this rule
			 exist.