| (2) the audio recording of the hearing proceedings
made by the ALJ, as required in subsection (r) of this section, if
the hearing was not a document desk review.
(t) Decision. Not later than the 30th calendar day
after the hearing record has closed, the ALJ shall issue a decision.
Hearing decisions must be based exclusively on evidence in the record.
Evidence admitted in the hearing is retained in accordance with the
HHSC retention schedule. The decision shall be in writing, signed,
and dated by the ALJ, and state:
(1) the names of the parties and their representatives
(if any), and that they appeared by telephone, if the hearing was
not a document desk review;
(2) findings of fact and conclusions of law, separately
stated;
(3) whether the appealed fees have been sustained,
reduced, or increased; and
(4) the amount of the fees.
(u) Effective date. A decision issued under this section
is effective on the date it is signed by the ALJ.
(v) Notice of decision. After the ALJ signs the decision,
the Appeals Division shall send a copy of the ALJ's decision to the
parties in accordance with subsection (g) of this section.
(w) Finality. The decision of the ALJ is final. For
correcting a clerical error, the ALJ retains jurisdiction for 20 calendar
days after the date the decision is signed.
(x) Charges. HHSC will not seek reimbursement for services
while an appeal decision is pending. Any adjustments made to the service
charge as a result of an appeal decision will be included in the updated
charge submitted to an individual or their LAR.
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