Page 67

6. At the time of the hearing, the agency against which the appeal is made will be responsible for seeing that its applicant file contains current information on the issue or issues in question. I. Hearing Decisions. Hearing decisions will conform with the following: 1. The hearing officer will conform with the following: a. The hearing officer will be a qualified DHSS official and is the final hearing authority. b. The designated hearing officer will have the delegated authority from the DSSC Director to make the decision on the appeal. The contractor agency involved will be similarly bound by the decision of the designated hearing officer. All provisions of the decision will be promptly carried out. c. The function of the hearing officer in rendering a hearing decision will be as follows: (1) To determine the facts; (2) To determine the appropriate regulations that apply; and (3) To determine the action that should be taken in relation to the established facts and correct application of federal or state regulations. d. Hearing officers may not render a decision on the validity of a federal or state regulation nor may they invalidate or modify a federal or state regulation. Hearing officers must, when necessary, interpret regulations when regulations are ambiguous. 2. The hearing officer will restrict his/her decision to the hearing record, which will consist of testimony and exhibits introduced into the hearing and the notice of action taken by the agency and the appeal of the client.

J. Notice of Decision Notices of hearing decision to be prepared by the hearing officer will conform with the following: 1. Specify the reasons for the decision and identify the supporting evidence. 2. Specify the eligibility of the appellant and, if relevant, the amount of the benefit for which the appellant is eligible. If the appellant is to receive a benefit based on the hearing decision, payment must be made within 60 days after the decision. A request for a cash benefit may be made if the hearing decision is in the appellant’s favor.