117-12 THE FAIR HEARING DECISION
The hearing authority 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 hearing authority is to make certain the agency correctly applied the laws, regulations, and policies in making the determination and taking action on the case.
The hearing authority does not have the authority or the responsibility to establish program policy or procedure. Therefore, the decision of the hearing authority 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 statutes 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 hearing authority for action.
The hearing authority’s decision is binding upon the agency, unless that decision is reversed or modified by the Director upon appeal by the client. The agency has no appeal rights.
117-12 A. TIME LIMITS ON DECISIONS
1. Temporary Assistance, Medicaid, Adult Public Assistance, General Relief Assistance and Chronic and Acute Medical Assistance programs:
Fair hearing decisions must be completed no later than 90 calendar days from the date of request.
Fair hearing decisions must be completed no later than 60 calendar days from the date of the fair hearing request.
The time frame for completing the fair hearing decision for certain Food Stamp/Temporary Assistance or APA combination cases may be extended to 90 days at the discretion of the hearing authority. This extension can only be granted when the hearing issue is the same for both programs.
Note:
Decision time limits will be extended for the same number of days the hearing is postponed because of the client's request for postponement or continuance.
117-12 B. DENIAL OR DISMISSAL OF A FAIR HEARING
Only the hearing authority can deny or dismiss a client's request for a hearing. A supervisor, site manager, or regional manager has no authority to deny or dismiss fair hearing requests. The hearing authority 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 hearing authority's decision to the Division Director.
1. Reasons to Deny a Fair Hearing request
The hearing authority may deny a client's request for a fair hearing when:
The issues the client wishes to address at the hearing are not those specified in section 117-1A;
The sole issue relates to grant adjustment due to a mass change and does not concern program eligibility, the computation of benefits, or the agency’s interpretation of state and federal law;
The request is not timely as specified in section 117-1D;
A hearing decision was previously rendered on the same issue(s) involving the same month(s) of benefits;
The issues involve matters where the hearing authority has no jurisdiction, such as complaints against staff members, agency operating policies and civil rights complaints. These grievances will be handled through the agency's standard procedures; or
The issues are under another agency's jurisdiction (Department of Labor, Child Support Services Division, Worker's Compensation, Social Security Administration, etc.).
2. Dismissal of a Fair Hearing request
The hearing authority may dismiss a fair hearing request, terminate or consider a hearing abandoned when:
The client withdraws the request for a fair hearing in writing;
The agency concedes; or
The client or client’s representative fails without good cause to appear at the scheduled fair hearing.
Obtaining a written withdrawal
DPA must obtain a signed statement from clients if they withdraw their request for a fair hearing. Once the supervisor, site manager or regional manager is made aware that the client wants to withdraw their fair hearing request, they must follow the steps below:
Ask the client to put the withdrawal in writing and sign it.
Inform the client to submit their signed statement by fax, mail, or dropping it off at the nearest DPA office.
Document in CANO that the client withdrew their fair hearing request and was informed to submit a signed statement.
Forward the signed statement to the DPA hearing representative in Field Services the same day it is received.
While waiting for the client to submit their signed document, the supervisor, site manager, or regional manager must still submit the hearing request to the DPA hearing representative the same day it is received (refer to MS 117-4B(1)).
Without a writtten withdrawal
Until a signed statement is received from the client, DPA is required to schedule a fair hearing conference and proceed with the process. If DPA does not receive a signed statement before the scheduled fair hearing conference, a hearing will be conducted. At this hearing, the hearing authority 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 hearing authority must provide the client a written notice of the hearing decision. This notice must include the decision, the reason behind the decision, and the evidence and laws, or regulations supporting the decision. In addition, the notice must include a statement of the client's right to appeal the decision.
The hearing authority’s decision will be sent to all parties involved at the hearing, with copies also sent to the appropriate Program Officer and the Staff and Development Training Manager.
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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