APPEAL AND STATE LEVEL FAIR HEARING

A. These rules apply to all state level fair hearings of county department actions concerning assistance payments and actions taken pursuant to State rules governing the Adult Financial program. An affected client who is dissatisfied with a county department or local service delivery agency action or the result of a county conference or failure to act concerning grant payments may appeal to the Office of Administrative Courts (OAC) for a state level fair hearing before an independent administrative law judge (ALJ). This will be a full evidentiary hearing of all relevant and pertinent facts to review the decision of the county department or local service delivery agency. The time limitations for submitting a request for an appeal are: 1. When the client elects to avail him or herself of a county conference, but is dissatisfied with that decision, the request must be submitted in writing and mailed or delivered as described in 3 below within the ninety (90) day period specified in 2, below; 2. When the client elects not to avail him or herself of a county conference but wishes to appeal directly to the state, a written request for an appeal must be mailed or delivered as described in 3 below no later than ninety

(90) calendar days from the date timely notice of the proposed action was mailed to the person; 3. A request for an appeal must be mailed or delivered to the Office of Administrative Courts. If the request for appeal is sent to or made with the county department, the county shall forward such request to the OAC. B. Requests for state level fair hearings may result from such reasons as: 1. The opportunity to make an application or reapplication has been denied; 2. An application for assistance or services has not been acted upon within the maximum time period for the category of assistance; 3. The application for assistance has been denied; the grant payment has been modified or discontinued; requested reconsideration or a grant payment amount deemed incorrect has been refused or delayed; grant payment has been delayed through the holding of payments; the county department is demanding repayment for any part of a grant payment to a client which the client does not believe is justified; or the client disagrees with the type or level of benefits or services provided. C. The basic objectives and purposes of the appeal and state level fair hearing process are: 1. To safeguard the interests of the client; 2. To provide a practical means by which the client is afforded a protection against incorrect action on the part of the county department or local service delivery agency; 3. To bring to the attention of the State Department and county department or local service delivery agency information that may indicate need for clarification or revision of State and county policies and procedures; 4. To assure equitable treatment through the administrative process without resort to legal action in the district courts. D. Any clear expression verbally or in writing by the client or his or her representative, that the client wants an opportunity to have a specific action of a county department or local service delivery agency reviewed by the State Department is considered an appeal and a request for a state level fair hearing. The county department or local service delivery agency shall, when asked, aid the person in preparing a request for a hearing. If the request for a hearing is made verbally, the county department shall prepare a written request within ten

(10) calendar days for the client or his or her representative's signature or have the client prepare such request, specifying the action he or she would like to appeal and the reason for appealing that action. 1. The client is entitled to: a. Representation by any person he or she chooses pursuant to Section 26-2-127(1)(a)(IV), C.R.S., legal counsel retained at the client’s own expense, or he or she may represent him or herself; b. Examine the complete case file and any other documents, records, or pertinent material to be used by the county at the state level fair hearing, at a reasonable time before the date of hearing as well as during the hearing. However, the file shall not include the names of confidential informants, privileged communications between the county departments and its attorney, the nature and status of pending criminal prosecutions, and any other information that is confidential or privileged. 2. The client and staff of the county department are entitled to: a. Present witnesses; b. Establish all facts and circumstances pertinent to the decision being appealed; c. Advance any arguments without undue interference; d. Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.