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MS 0480

[1]

Volume 1 – General Administration MS 0480 – R. 6/1/26 – OMTL – 696 Scheduling the Hearing

A. [The Hearings Branch notifies the individual of the date, time, and place the hearing will be held via form, "Notice of Hearing", in a language and format the individual can understand.

The form also contains information regarding:

1. The individual’s right to bring an attorney and/or witnesses if desired.

2. An explanation that if the individual or a representative does not appear for the hearing, the individual will have a period of ten days to advise the Hearings Branch of the reason for not appearing. The Hearings Branch considers the reasons and determines if good cause exists. The request is considered abandoned and dismissed unless good cause for the absence can be shown.

3. All parties to the hearing are provided at least 10 days timely notice of the hearing to permit adequate preparation of the case, except for Temporary Assistance for Needy Families (TANF)-related, Low Income Home Energy Assistance Program (LIHEAP), or State Supplementation hearings. TANF- related, LIHEAP, or State Supplementation hearings require at least 20 days timely notice. However, the household may request less timely notice to expedite the scheduling of the hearing.

B. The individual may request and is entitled to a postponement without good cause if the request is made before the hearing. The postponement cannot exceed 30 days, and the time limit for action on the decision is extended for as many days as the hearing is postponed. For example, if a hearing is postponed by the household for 10 days, notification of the hearing decision is required within 70 days for SNAP or within 100 days for IM from the date of the request for a hearing. The worker notifies the hearing officer of the postponement.

C. Before conducting a claim hearing, review the Fraud Referral Overview Suspected Internal Program Violation (IPV) Screen on Worker Portal to determine if the claim location code is “Court”. If the claim is being prosecuted, contact the hearing officer or ask for a pre-hearing conference to inform the hearing officer that the court holds jurisdiction over the matter and request the hearing to be dismissed. Contact the Claims Management Section to verify if the claim has been referred for prosecution.

D. For Medical programs, an individual or their representative may request a delay of the hearing for reasons beyond the control of the individual. The decision to grant the delay is made by the hearing officer.]