117-12 THE FAIR HEARING DECISION
The administrative law judge reviews the record of the hearing, including all testimony, evidence, and material introduced at the hearing, along with the applicable statutes and regulations, and makes a decision on all relevant issues addressed at the hearing.
The role of the administrative law judge is to make certain the agency correctly applied the laws, regulations, and policies in making the determination and taking action on the case.
The administrative law judge does not have the authority or the responsibility to establish program policy or procedure. Therefore, the decision of the administrative law judge applies only to the client's case and not to other cases similarly situated. If a hearing decision is determined to apply to other cases, appropriate changes in those other cases will be ordered by the Director through program manual changes.
Subject to statues and regulations, and safeguarding public assistance and medical assistance information, all hearing decisions of the agency are public information. Requests for copies of hearing decisions will be forwarded to the Office of Administrative Hearings for action.
There are two hearing decisions rendered upon the completion of a fair hearing:
117-12 A. TIME LIMITS ON DECISIONS
1. Temporary Assistance, Medicaid, Adult Public Assistance, and General Relief Assistance programs:
Fair hearing decisions must be completed no later than 90 calendar days from the date of request.
2. Supplemental Nutrition Assistance Program:
Fair hearing decisions must be completed no later than 60 calendar days from the date of the fair hearing request.
117-12 B. DENIAL OR DISMISSAL OF A FAIR HEARING
Only the administrative law judge can deny or dismiss a client's request for a hearing. A supervisor, lead worker, or eligibility manager has no authority to deny or dismiss fair hearing requests. The administrative law judge must send written notice to each client whose request for a hearing is denied.
The client has no right to a fair hearing to contest the denial of a fair hearing request. However, a client may appeal the Commissioner's decision to the Superior Court.
1. Reasons to Deny a Fair Hearing Request
The administrative law judge may deny a client's request for a fair hearing when:
2. Dismissal of a Fair Hearing Request
The administrative law judge may dismiss a fair hearing request, terminate or consider a hearing abandoned when:
When a written withdrawal is needed
Once a case is referred to the OAH , DPA must obtain a signed statement from clients if they withdraw their request for a fair hearing. Once the supervisor, lead worker, or eligibility manager is made aware that the client wants to withdraw their fair hearing request, they must follow the steps below:
While waiting for the client to submit their signed document, the supervisor, lead worker, or eligibility manager must still submit the hearing request to the DPA hearing representative the same day it is received (refer to MS 117-4B(1)).
Before case is referred to OAH
If the case has not been referred to OAH , a client may request a fair hearing withdrawal in writing or verbally for any DPA programs. Supervisor or lead worker must case note the withdrawal request.
After case referred to OAH and no written withdrawal received
Once a case is referred to OAH , DPA is required to schedule a fair hearing conference and proceed with the process until a written fair hearing withdrawal is received from the client. If DPA does not receive a written withdrawal before the scheduled fair hearing conference, a hearing will be conducted. At this hearing, the administrative law judge will contact the client and confirm their decision to withdraw the hearing request. Once confirmed, the hearing issue will be dismissed. If the client denies withdrawing the request or changes their position, a new hearing date will be scheduled.
117-12 C. NOTICE OF THE FAIR HEARING DECISION
The administrative law judge and the Commissioner, or the Commissioner's designee, must provide the client a written notice of each proposed and final hearing decision. Each notice must include the decision, the reason behind the decisions, and the evidence and laws, or regulations supporting the decision. In addition, the notice must include a statement of the client's right to submit opposition to the proposed decision and appeal rights to the final decision. Time frames for the opposition or appeal must also be identified in the notice.
The administrative law judge's proposed decision and the Commissioner's final decision will be sent to all parties involved at the hearing. The agency hearing representative is responsible to forward copies of the final decision to the appropriate functional unit, team supervisor, and Policy and Program Development Team.
The case file copy will be forwarded to the office or team supervisor for all necessary action and filing in the case file.
The actions ordered in the notice of the decision must be taken within 10 days of the agency's receipt of the decision.
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