117-5          DPA HEARING REPRESENTATIVE

The Division must designate an employee to represent the State agency at the fair hearing. The DPADivision of Public Assistance hearing representative must argue the case, present evidence and witnesses, examine opposing witnesses, and persuade the administrative law judge to uphold the agency's action.

There are no impartiality requirements upon the DPADivision of Public Assistance hearing representative. The DPADivision of Public Assistance hearing representative has the right to confer with the client and/or the client's representative(s) to attempt to resolve the issue prior to the hearing. The DPADivision of Public Assistance hearing representative may also discuss the issue with the supervisor, lead worker, eligibility manager, the worker who took the action, the program officers or policy specialists, and anyone else who may be able to assist in the preparation of the case for hearing. The DPADivision of Public Assistance hearing representative, however, must not discuss the case with the administrative law judge who will preside over the hearing.

The DPADivision of Public Assistance hearing representative may examine all documents presented for inclusion in the hearing record before or during the hearing, and question evidence submitted into the hearing record.

Note:

For hearings in which denial of nursing home care or denial of medical services is at issue, a designee of the Director of the Division of Medical Assistance will represent the State agency at the hearing. In some instances, the Attorney General's Office will also represent the State in issues involving Waiver, TEFRATax Equity and Fiscal Responsibility Act, and Nursing Home Medicaid cases.

117-5 A.      THE DPADivision of Public Assistance HEARING REPRESENTATIVE'S RESPONSIBILITIES

1. Review the agency's action and the results of the pre hearing conference. Confer with the district office supervisor, lead worker, or eligibility manager on the results of the pre hearing conference if needed;
2. Send a request to the Office of Administrative Hearings to deny the hearing request that is untimely or inappropriate for a fair hearing;
3. Send a case referral to the Office of Administrative Hearings to request a scheduled hearing within the allowed time frames. The Office of Administrative Hearings will notify the client and agency of the scheduled fair hearing date, time, and hearing location.

Exception:

Witnesses for either the agency or the client will be notified of the hearing time, date, and location through their respective parties.

4. Keep a record of the request to assure time frames are met;
5. Distribute copies of the request to the Office of Administrative Hearings and the supervisor monitoring the case;
6. Notify the Office of Administrative Hearings of the withdrawal in the event the fair hearing request is withdrawn by the client or conceded by the agency;
7. Coordinate with the client and Office of Administrative Hearings any postponements, reschedules, and continuances;
8. Provide clients an opportunity to review the contents of the DPADivision of Public Assistance case file;

Note:

Upon client's request, the agency will make available free of charge any portion of the case file or the materials necessary for the client or its representative to prepare for the hearing. Confidential information will not be provided and will be removed from the case file before allowing the client or client's representative to review the case file. Examples of confidential information are names of individuals who have disclosed information about the household without its knowledge and the nature or status of pending criminal prosecutions.

Any confidential information removed from the case file may not be presented at the hearing and may not be made available to the hearing authority who will decide the issue.

9. Refer the client to the local Alaska Legal Services Corporation (ALSCAlaska Legal Services Corporation) office, or Disability Law Center (DLCDisability Law Center) in case of disability denials, for legal assistance and representation. Representation by ALSCAlaska Legal Services Corporation or DLCDisability Law Center is not required, but legal representation may be advantageous for the client;
10. Assist the client in preparing his or her case;
11. Notify the Office of Hearings and Appeals if an interpreter is needed for a fair hearing and include the name of the language;
12. Prepare the agency position statement and supporting exhibits for presentation at the hearing, and mail copies to the administrative law judge and the client at least seven days before the hearing;

Note:

For fair hearing issues concerning denial of disability determination by the Disability Determination Services, the DPADivision of Public Assistance hearing representative must send a copy of the original DDSDisability Determination Service file to the Fair Hearing Office seven days prior to scheduled hearing. A copy of the file must also be mailed within seven days prior to the hearing, and a copy kept with the hearing file.

13. Make the client's case file available at the hearing;
14. Present the agency position at the hearing;
15. Provide any additional information requested by the administrative law judge during the fair hearing; and
16. Retain copies of the hearing request, position statement, supporting documents, and the hearing decision in the fair hearing case file.