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Department
of Human Services Families
First Online Policy Manual Appeals and Fair Hearings |
Revised: |
40.10 |
HEARING PROCESS |
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All hearings will be tape-recorded. Recordings will not be transcribed
routinely. However, any party may request, at his expense or by the Division
of Appeals and Hearings’ expense, a transcript of all or any part of the
recording. If the Division of Appeals
and Hearings elects to transcribe the proceedings, any party will be provided
a copy of the transcript upon payment of a reasonable fee. All recordings will be kept on file for no
less than three years and then destroyed if there have been no further
developments in regard to the appeal. The Hearing Official will enter an Initial Order in writing, which
will contain a report of the hearing and a preliminary decision regarding the
hearing. The Initial Order will be
sent to the appellant and the county office.
The report of the hearing will include the following information: ·
The names
and identities of the persons present at the hearing. ·
A statement
of the issues. ·
A summary of
the substance of the hearing that includes: -
A citation
of oaths administered. -
A statement
of the evidence presented. -
Exhibits,
stipulations, admissions, and matters officially noticed. -
Questions
and offer of proof, objections, and rulings on any objections. -
Attachments,
which include the appeal form, the Withdrawal of Complaint (if applicable),
the appeal summary prepared by the county office, acknowledgment notices,
budget screens, and all documents or correspondence pertaining to the appeal. ·
The
recommendation of the Hearing Official, which will include: -
A concise
statement of the issues. -
The facts
brought out in the hearing. -
Citation to
the applicable law or regulation. -
The
reasoning that led to the conclusion. -
The
recommendation to the Commissioner or his/her designated representative. The recommendation is based exclusively on the evidence obtained in
the hearing. Confidential or other information which
the appellant or his representative does not have an opportunity to hear,
see, respond to, or consent to will not be introduced at the hearing nor
become a part of the hearing record, since due process requires that all
parties must have the opportunity of cross-examination and rebuttal. The appellant, his/her representative, and the Case Prep Unit worker
who attended the Hearing will receive copies of the initial order. This report will allow the parties to
examine the order for completeness and accuracy. Any party to the hearing may file a
Petition for Reconsideration and/or Appeal of the Initial Order by submitting
written comments, arguments, and exceptions to the order within 15
days of the mailing of the report. In
accordance with due process, it is not permissible to add new evidence that
was not presented at the hearing. The following information will be submitted to the Commissioner or
his/her designated representative for the final decision: ·
The report
of the hearing. ·
All exhibits
and documents which were made part of the hearing record. ·
A recording
of the hearing or transcription, if one was made. ·
Hearing
Official’s recommendation. ·
Any
additional comments, arguments, and exceptions filed within 15 days of the
Hearing Official’s decision. The Final Order entered by the Commissioner or his/her designated
representative shall either: ·
Adopt the
decision of the Hearing Official as set forth in the Initial Order. ·
Modify
and/or reverse the decision of the Hearing Official as set forth in the
Initial Order, specifying the basis of the modification or reversal. ·
Remand the
case to the Hearing Official for a specified reason. While the Final Order is binding upon all parties to the appeal,
either party may file a Petition for Reconsideration of the Final Order
within 15 days of the date of the Final Order. This petition must be in writing, stating
the specific grounds for the request.
Filing a Petition for reconsideration of the Final Order shall not
supersede or delay the effective date of the Final Order. The Final Order will take effect on the
date entered and will continue in effect until the Petition for
Reconsideration of the Final Order is granted or until the Final Order is
superseded, modified, or set aside in a manner provided by law. However, if a change affecting the recipient’s benefits occurs while
the reconsideration is pending, action to implement that change will not
be delayed pending the decision on the petition. |
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