095 Child Care Hearings

PURPOSE: This rule establishes an appeals and hearings process for child care subsidy eligibility within the Department of Elementary and Secondary Education (department). (1) The following procedures apply for any child care appeals from a participant/applicant whose child care subsidy eligibility has been denied or changed or who wishes to contest an overpayment. (2) Content of Appeals. All appeals must— (A) Be in writing; (B) Include— 1. The full name, address, email address, and telephone number of the person appealing (petitioner), and any attorney representing the participant/applicant; 2. A written description of the specific grounds for the appeal; and 3. As far as practical, facts in numbered paragraphs stating the relief sought; (C) Be signed by participant/applicant or participant/ applicant's legal counsel; and (D) Be mailed to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0480 or emailed to counsel@dese.mo.gov. (3) Hearing Officers. (A) A hearing officer appointed by the commissioner of education shall hear appeals from any child care subsidy (6/30/25) Denny Hoskins 5 CSR 25-200—DEPARTMENT OF ELEMENTARY DIVISION 25—OFFICE OF CHILDHOOD AND SECONDARY EDUCATION participant/applicant whose child care subsidy eligibility has been denied or changed or who wishes to contest an overpayment. (B) The hearing officer shall conduct all hearings in accordance with Chapter 536, RSMo. (C) The decision shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. (D) The hearing officer shall deliver or mail their decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the hearings officer shall be the final decision of the department. (4) Hearings. (A) Hearings may be in person or by video conference. (B) Notice. 1. The department shall serve upon all parties the notice of the place, date, and time upon which it will hold the hearing on the appeal. The department will send the notice by certified mail, by personal delivery, or by email. 2. The department shall provide at least ten (10) business days’ notice to the parties that it will hold a hearing on the matters raised in the appeal. 3. The notice shall advise the parties to file all documents by mailing them to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0480 or to counsel@dese.mo.gov. (C) Motions. 1. Either party may file a motion to request a delay of the hearing, if the party shows good cause. The hearing officer has discretion to continue the hearing date upon notice to the parties. 2. Either party may file a motion to hold a hearing in person or by video conference. A party should file this motion at least five (5) business days before the start of the hearing. 3. Either party may file a motion for a witness to appear by telephone or video conference. A party should file this motion at least three (3) business days before the start of the hearing. 4. The hearing officer will entertain other motions as necessary. (D) Videoconference Hearings. The hearing officer may hold hearings via a videoconference platform. The hearing officer will contact the parties if the hearing is to be held in this manner. (E) Exhibits. 1. The department shall send the administrative record to the participant/applicant at least five (5) business days in advance of the hearing. The hearing officer shall admit the administrative record into the hearing record with no further process. 2. The parties are required to send any other exhibits to the hearing officer and the opposing parties at least five (5) business days in advance of the hearing. 3. If the hearing is to be held via video conference, each party is responsible for providing all exhibits to all parties of record and the hearing officer electronically. (F) Participant/Applicant. 1. The burden shall be on the participant/applicant to prove— A. The department’s denial or change of child care subsidy eligibility was inconsistent with applicable laws and regulations; B. The participant/applicant did not receive an overpay- ment, as the department contends; or C. The department has calculated an overpayment incorrectly. (G) The department may present testimony, documents, or other evidence to rebut evidence presented by the participant/ applicant. AUTHORITY: section 161.092, RSMo 2016, and sections 208.044, 208.046, and 210.027, RSMo Supp. 2024.* Emergency rule filed Jan. 7, 2025, effective Jan. 23, 2025, expired July 21, 2025. Original rule filed Jan. 7, 2025, effective July 30, 2025. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 208.044, RSMo 1989, amended 2012, 2019, 2022; 208.046, RSMo 2010, amended 2022; and 210.027, RSMo 1999, amended 2014, 2018, 2022.