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Volume III | Chapter 13

DEFINITION A hearing is a process which provides an applicant or recipient an opportunity to appeal agency action or failure to act. When the applicant or recipient disagrees with action that has been taken, the hearing gives him the opportunity to more fully describe his circumstances, to present evidence supporting his claim, and to have his eligibility reviewed by someone not involved in the original decision. Evidence which can be presented in a hearing is limited to circumstances known at the time the eligibility decision was made. New or additional information not known or reported at the time of the case action is not allowed to be presented during a hearing. There are two types of hearings available: an agency conference or a state hearing. An agency conference is one in which a county staff member who has not participated in determining eligibility for this particular case reviews information with the individual and reaches a decision. A state hearing is a more formal hearing which consists of a presentation by the individual and by others, if he wishes, of facts about his circumstances; questioning by a hearing officer; a recording of the discussion and a review of the findings prior to the rendering of the final decision. A state hearing may also consist of a review by a state hearings officer of the agency conference proceedings. Each type is discussed in more detail later in this chapter. BASIS FOR A HEARING An applicant or recipient has a right to appeal decisions regarding eligibility for assistance including the following issues: 1. Decisions regarding eligibility for or amount of TANF benefits 2. Conditions of payment or repayment 3. Denial of opportunity to make application or reapplication of benefits 4. Undue delay in determining eligibility for TANF and in making TANF benefits available 5. Suspension or discontinuance of TANF benefits in whole or in part 6. Assignment or participation issues in the TANF Work Program, including work exemptions, supportive services, good cause, etc. 7. Decisions regarding cooperation with the Division of Child Support Enforcement and good cause claims 8. Application of penalties which results in rejection of application, case closure, or reduction of benefits NOTE: Some issues which are established by law are not subject to the fair hearing process, such MISSISSIPPI [ HEARING PROCESS: GENERAL INFORMATION ]

Revised 03 - 01 - 12