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MS 0497

[1]

Volume 1 – General Administration MS 0497 – R. 6/1/26 – OMTL – 696 Individual Hearing Rights

[An individual not only has the right to request a hearing but also has additional rights.

A. Explain to the individual or their representative the following rights in a language and format they understand:

1. The right to a qualified interpreter if the individual is Limited English Proficient (LEP) and rights to reasonable modification and auxiliary aids and services for individuals with disabilities;

2. To present the case themselves or to have it presented by legal counsel or another representative. Inform the individual of the availability of free legal services;

3. To review the case record relating to the issue;

4. To bring witnesses to support their case in the hearing;

5. To present arguments without interruption;

6. To question any testimony or evidence and cross-examine witnesses; and

7. To submit evidence establishing pertinent facts and circumstances in the case.

B. Explain to the individual that the department does not provide payment for legal counsel but, if available, will refer them to a legal aid agency.

C. Provide the individual and the individual's representative or legal counsel with adequate opportunity to examine all documents and records to be used at the hearing, a reasonable time before the date of the hearing, as well as during the hearing. The contents of the case file, including the application form and documents of verification used by the agency to establish the household's ineligibility or eligibility and allotment, are made available. Confidential information, such as names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release. If requested by the household or its representative, the agency provides a free copy of the relevant portions of the case file. Confidential information protected from release and other documents or records that the household will not otherwise have an opportunity to contest or challenge are not presented at the hearing, and do not affect the hearing officer's decision.

D. If the individual, after requesting a hearing, is dissatisfied with the medical evidence used in making the case decision, the individual may request an examination from another medical examiner. If an examination by an internist or specialist was received within three months prior to the date of the hearing request, the individual must specify the reason for the additional examination.