DEPARTMENTAL RESPONSIBILITIES ON HEARING REQUESTS

1) Provide without charge the specific Department documents requested by the client or his representative.

2) Provide a translator, if necessary.

3) Advise the household of legal services available.

DENIAL/DISMISSAL - The Administrative Hearings Unit shall not deny or dismiss a hearing request unless:

1) the request is not received within ninety days of the action.

2) the request is withdrawn.

3) the household or its representative fails to appear at the scheduled hearing, and does not present evidence that his absence was beyond his control.

CONTINUATION OF BENEFITS - If a household requests a hearing within twelve days of the notice, and the certification period has not expired, benefits shall be continued as authorized immediately prior to the notice unless the household waives continuation of benefits.

If the hearing request is not made within twelve days, benefits shall be reduced or terminated, as stated in the notice.

NOTE: If the Department is upheld, a claim against the household shall be established for all over-issuances which resulted from the continuation of benefits.

CHANGING BENEFITS PENDING A HEARING DECISION - Benefits shall not be changed prior to the hearing decision unless:

1) the certification period expires.

2) a subsequent change affects the household's benefits.

3) a mass change occurs, affecting the household's eligibility or benefit level.

NOTIFICATION OF HEARING - The time, date, and place of the hearing shall be arranged so that the hearing is accessible to the household. Written notice to all parties shall be provided at least ten days prior to the hearing. The notice shall:

1) give the time, date, and place of the hearing.

2) give the name, address, and telephone number of the person to notify if it is not possible for the household to attend.

3) specify that the Department will dismiss the request if the household or its representative fails to appear without good cause.

4) include the hearing procedures.

5) state that the household or its representative may examine the case file prior to the hearing.

THE HEARINGS OFFICER - Hearings shall be conducted by a Department hearing officer. The hearing officer shall:

1) administer oaths to all witnesses.

2) ensure that all relevant issues are considered.

3) request, receive, and make part of the record all necessary evidence.

4) regulate the hearing consistent with due process.

5) render a decision.

ATTENDANCE AT THE HEARING - The hearing shall be attended by at least one agency representative and at least one household representative.