Hearings — Appeals

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  1. The hearings provided for in this part shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  2. Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Administrative Procedures Act.
  3. Subsections (a) and (b) shall not apply in a county where the health department is operating a program pursuant to § 53-8-204(7) that meets the minimum requirements of due process; provided, that appeals from final decisions made under such programs may be made to the commissioner, for the limited purpose of determining whether a material error of law was made at the county level. The appeal to the commissioner shall not be de novo, but shall be limited to a review of the record of the hearing at the county level.


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