117-9          THE HEARING AUTHORITY

 

The hearing authority is an impartial party outside the Division employed by the State Office of Hearings and Appeals. The hearing authority has the power to decide the dispute within the limits of his or her appointment.

 

117-9 A.      RESPONSIBILITIES OF THE HEARING AUTHORITY

 

  1. Provide a hearing schedule, with specific dates and times, to the State agency representative;

 

  1. Ensure that the client has, or has had, an opportunity to review the case file and documents to be used in the presentation of the case.

 

  1. Ensure that all relevant issues are considered at the hearing;

 

  1. Rule on the admission of evidence. Request and include in the hearing record all evidence deemed necessary to decide on the issues raised;

 

  1. Order, when appropriate and necessary, a medical assessment for hearings involving medical issues;

 

  1. Regulate the conduct and course of the hearing;

 

  1. Deny a hearing request. Declare a hearing abandoned or withdrawn;

 

  1. Rule on good cause for a client's failure to appear at a scheduled hearing;

 

  1. Rule on the eligibility for continuation of benefits;

 

  1. Rule on DPA agency’s petitions for dismissal;

 

  1. Rule on requested continuances of hearings and indicate a date and time at which the hearing will reconvene;

 

  1. Adjourn the hearing and close the hearing record;

 

  1. Render a decision on each relevant issue addressed at the hearing;

 

  1. Notify in writing each party at the hearing of the decisions;

 

  1. Make a copy of the hearing record available to the client or his or her representative, when requested; and

 

  1. Notify each client whose hearing was abandoned due to not appearing for the scheduled hearing.

 

117-9 B.      DISQUALIFICATION OF A HEARING AUTHORITY

 

  1. Hearing authorities may recuse themselves at any time they recognize that a bias or cause exists, which would prevent them from rendering a fair and impartial decision.

 

  1. A hearing authority is subject to disqualification only for cause which is provided for in AS 44.62.330 through 44.62.650. Examples of cause include bias, prejudice, interest, or cause for which a judge would be disqualified.

 

  1. Before a hearing begins, the agency or client may request disqualification of the hearing authority by filing an affidavit or petition with the Division Director stating the grounds for the disqualification request.

 

  1. If the hearing authority withdraws or is disqualified by the Division Director, a substitute shall be appointed by the appropriate Division Director or someone acting on behalf of the Commissioner of the Department of Health and Social Services.  A substitute hearing authority has the same power and authority to act as the person whom the substitute replaces.

 

 

 

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