loading…
loading…
loading…
MS 0510 (2) recommended order, the worker must visit the Hearings Module within five calendar days and click on the “Exceptions Request” button and select “No” to answer the question, “After reviewing the recommended order, do you believe exceptions should be filed?” After making the selection, briefly provide your explanation in the comments box and “Save” and “Submit”. This will create a task for Central Office staff to review. a. For SNAP-related hearings, if no exceptions to a recommended order are submitted to the Cabinet Secretary/Secretary’s Designee by the 15th calendar day, the recommended order becomes the final order then on the 16th day and the agency can take appropriate action on the case. b. For all other program-related hearings (MA, State Supplementation, CCAP, KTAP, KWP, FAST, KC), regardless of whether an exception is filed to a recommended order by the 15th calendar day, a final order is required to be issued by the Cabinet Secretary/Secretary’s Designee. The agency does NOT take any action until a final order is received. 2. The recommended order is reviewed to ensure that it is in accordance with regulations. If there are no exceptions or rebuttals to a SNAP program related recommended order received within the 15-day period, then on the 16th day the recommended order becomes the final order. [Note: Central Office will no longer receive notification of the recommended orders from the Office of Administrative Hearings (OAH) or final orders from the Cabinet Secretary/Secretary’s Designee. Hearings PAPS will receive notification through Worker Portal and be responsible for reviewing the orders to determine if an exception is required. If an exception is required, follow instructions below and follow the hearing procedure process for administrative disqualification hearings through Worker Portal.] 3. Exceptions by the Agency are filed by Division of Family Support (DFS) Central Office staff. a. Use the following procedures to file an exception; 1) Upon receipt of a recommended order, the worker and their supervisor have five calendar days from the date it was mailed to determine if an exception is needed. An exception can only be based on the facts and evidence presented at the hearing. New information or evidence may not be used to take exception. 2) The region drafts an exception outlining why the recommended order should be changed. 3) If the Agency determines that an exception is required in response to the ADH or Fair Hearing recommended order, the worker must visit the Hearings Module by the 5th calendar day from the date it was mailed and click on the “Exceptions Request” button and select “Yes” to answer the question, “After reviewing the recommended order, do you believe exceptions should be filed?” After making the selection, briefly provide your explanation and specify the evidence you are referring in the comments box and “Save” and “Submit”. This will