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The notice: • includes a statement of the date, time, place, and nature of the hearing which is always conducted in the appellant's county of residency. • advises the appellant of the name, address, and phone number of the person to notify in if a request to reschedule is necessary. • specifies that the hearing request will be dismissed if the appellant fails to appear for the hearing without good cause; • specifies that the appellant may request a continuance of the hearing if good cause is shown; • includes the appellant's rights, information, and procedures to provide the appellant with an understanding of the hearing process; and • explains that the appellant may examine the case record prior to the hearing.
This notice is to be sent so that it reaches the appellant at least ten (10) days prior to the hearing. 4205.40.00 REQUEST FOR CONTINUANCE FROM THE APPELLANT
A written request for a continuance is to be directed to the Hearings and Appeals Section. Good cause must exist for a continuance to be granted. Good cause is defined as a valid reason for the appellant's inability to be present at the scheduled hearing such as a death in the family, personal injury or illness, or a sudden and unexpected emergency. If good cause exists and a continuance is granted, the hearing is rescheduled. 4205.40.05 REQUEST FOR CONTINUANCE FROM THE APPELLANT (C)
A continuance may be requested (in writing) to allow the appellant time to obtain additional medical evidence on his condition. If the ALJ orders the additional medical assessment, it must be made at the expense of the DFR and made part of the record when the issue under appeal is: • A decision concerning the ability of a TANF participating AG member to accept employment.
The written request for a continuance on a medical related issue must be submitted to the Hearings and Appeals Section within ten (10) days of the mailing of the hearing notice. The additional medical evidence must be submitted to the DFR within thirty (30) days of the mailing of the hearing notice unless a written request for an extension of time is received by the Hearings and Appeals Section within the 30- day period. An extension will be granted only for good cause.
The DFR is to forward the original or most legible copy of the additional medical evidence to the Hearings and Appeals Section and retain a copy for the appellant's case record. The Hearings and Appeals Section will forward said evidence to the appropriate Central Office medical staff.
The granting of a continuance to the appellant extends the time frame by which the hearing decision must be issued.