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MS 0460 (1) Volume 1 - General Administration MS 0460 - R. 1/1/19 - OMTL-538 The Hearing Request A hearing request is a clear expression, either oral or written, to review a decision made by the Agency. A. The request must be made by the client, a household member, his/her counsel, or an individual acting on behalf of the household or recipient. B. Requests for a Hearing, Appeal or Withdrawal, either written or oral, are requested through Worker Portal for the client. 1. When requesting a hearing through Worker Portal for an Employment and Training Program/Kentucky Works Program (ETP/KWP) work program- related issue, indicate that the hearing request involves an ETP/KWP issue. 2. If received by phone or through the mail, indicate this in the comments section when requesting the hearing. 3. When a client has moved out of state and subsequently requests a hearing, tell the individual they may request a hearing to be held telephonically. C. When completing a request for a hearing, be specific when describing the client’s reason(s) for the hearing request. Use statements like: “The client does not agree with the amount of earnings counted in her Kentucky Transitional Assistance Program (KTAP) case”. Avoid vague statements such as “client request” or “client disagrees with denial”. In addition, if the hearing involves an emergency situation, clearly annotate on the Note screen that it is an emergency. D. A request for a Department for Community Based Services (DCBS) hearing may be submitted by the client or their representative directly to the Office of Administrative Hearings (OAH). E. [The client may voluntarily withdraw the hearing request any time prior to the hearing. If the client wishes to withdraw the request, complete a hearing request search through the Hearings Module, locate the client’s hearing request, and click the “Postponement/Withdrawal Request” button. Form PAFS-277, Hearing Withdrawal Confirmation Notice, will generate automatically to the client. Print the system-generated notice and attach in the Hearings module as is part of the official Hearings Record. Enter comments in the Hearings module as well as the respective Worker Portal case or claim. Be specific when describing the client’s reason(s) for the hearing withdrawal.] F. A request for a hearing related to Medicaid-covered service issues is heard by the Department for Medicaid Services (DMS). DCBS staff are not responsible for these hearings. Furthermore, DCBS staff do not attend these hearings. 1. Hearings may include, but are not limited to: a. Patient level of care status determinations in any type of vendor payment case;