(a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to:
(1) Early intervention day treatment services; or
(2) A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays.
(b) As a condition of the issuance of a new certification to operate a child health management services program, a new license to operate a developmental day treatment clinic services program for children, or a new certification or license for a successor program, the division must determine that a county of the state is underserved in accordance with subsection (a) of this section.
(c)
(1) The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section.
(2)
(A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail.
(B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant.
(3) If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.