1252. Establishment of Escrow Accounts Pending Appeal

(A) Within twenty (20) days of the date of mailing of the final decision of the Hearing Examiner to the parties, any party may make written application to the Hearings Unit for an order concerning the disposition of any funds held in escrow or creation of an escrow account pending appeal. Any such request shall be made on a form approved by the Board. During the period within which such an application can be made and pending action on said application, no disbursement of funds held in escrow shall be made.

(B) Upon receipt of such written application, the Hearings Unit may:

(1) Continue, terminate, or modify any escrow created by the Hearing Examiner; or

(2) Order that reasonably disputed amounts be paid into escrow pending the decision on any appeal.

(C) In the event that the party applying for the escrow order does not file an appeal within 35 days of the date of mailing of the Hearing Examiner's final decision to the parties, any order requiring the maintenance or creation of an escrow account shall automatically be dissolved unless otherwise ordered by the Hearings Unit. Upon such dissolution, the funds held in escrow shall be disbursed in accordance with the final decision of the Hearing Examiner.

(D) Within twenty (20) days of the date of mailing of the appeal, any non-appealing or cross-appealing party may make written application to the Hearing Unit for an order concerning the disposition of any funds held in escrow or creation of an escrow account pending appeal. Any such request shall be made on a form approved by the Board. During the period within which such an application can be made and pending action on said application, no disbursement of funds held in escrow shall be made.

(E) Upon receipt of such written application, the Hearings Unit may:

(1) Continue, terminate, or modify any escrow created by the Hearing Examiner; or

(2) Order that reasonably disputed amounts be paid into escrow pending the decision on the appeal;

(F) Any party requesting creation of an escrow account shall serve a copy of the request on all other parties to the case.

[Effective 6/20/86]