Page 13

13

The DFR representative should be prepared to question the appellant about any statements made which he feels needs further explanation. 4210.20.00 CONTINUANCE OF HEARING If the ALJ determines that further evidence is needed to reach a decision, the decision is delayed until such further evidence is obtained. The hearing may also be reconvened, if necessary, to obtain additional testimony. The parties will be notified of this and of the time and method for obtaining this evidence. Any evidence submitted must be copied and given to the appellant, who then has the opportunity for rebuttal. 4210.25.00 THE HEARING RECORD The hearing record is an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the decision of the ALJ. This record shall be available to the appellant at a place accessible to him or his representative at a reasonable time. 4210.30.00 THE FAIR HEARING DECISION A written copy of the ALJ's hearing decision is sent to the appellant and the DFR. The decision includes: The findings of fact and conclusion regarding the issue under appeal Supporting laws and regulations. In all cases the decision of the ALJ is based solely on the evidence introduced at the hearing and the appropriate federal and state laws and regulations. The finding of fact and decision is signed by the ALJ. The decision is to be explained to the appellant upon request.25 Unless a continuance has been granted in accordance with law as set forth in Section 4205.40.00, the final hearing decision must be made by the ALJ and communicated to the appellant and the DFR within 90 calendar days of the hearing request.26 4210.30.05 RESERVED 4210.30.10 ACTION REQUIRED AS A RESULT OF THE HEARING DECISION The decision of the Office of Administrative Law Proceedings shall be binding upon the DFR and is to be enacted by the DFR even if one of the parties requests an Agency Review.27 Such decisions do not preclude modifying the benefit thereafter to meet changed conditions. 4210.30.10.05 ACTION IS SUSTAINED No further action or response is required by the DFR if the hearing decision sustains an adverse action which was not appealed in a timely manner.