PM 01-07-11: Final Hearing Decision

WAG 01-07-11

The Final Hearing Decision is approved by the DHS Secretary, HFS Director, or both, based on the action/inaction that was the subject of the appeal. The decision applies only to the case under appeal and to no other case. A decision in an appeal is not general Department policy.

The Final Hearing Decision either:

upholds the action; or

does not uphold the action; or

determines a lack of Department jurisdiction.

The Bureau of Assistance Hearings sends a Final Decision Notice to notify the client (or their representative) of the decision. BAH sends a copy of the notice to the responsible Department office, telling them what action to take. For child care appeals, a copy of the decision is also sent to the CCR&R and/or provider and the Bureau of Child Care and Development.

The Final Hearing Decision will either uphold or not uphold the Department's action based only on the information available at the time the action was taken. The Final Hearing Decision often does not use the words "upheld" or "not upheld". Read the decision carefully and follow the directions in the decision. If the decision directs action by an entity other than the Family Community Resource Center, that entity is responsible for taking the action and reporting it.

When additional evidence is presented during the appeal hearing, it is considered in making the Final Hearing Decision, unless:

the appeal was not filed within the specified time period or

the client previously refused to provide the evidence. Previous failure to provide such evidence is not considered refusal.

There are times when the original action was right, but the decision directs you to take a different action. This may be due to additional evidence presented during the appeal or changes in the appellant's situation. When the decision directs you to take action, do it.

The decision may say to make a new determination. You must reconsider the action under appeal, using all the evidence now available. Do what you would have done if you had all the information at the time of the original action.

Barring any approved hearing delays, put the Final Hearing Decision into effect within 90 days of the date the appeal is filed for cash, medical, or child care and 60 days for SNAP.