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Volume III | Chapter 13

Volume III | Chapter 13 HOLDING THE AGENCY CONFERENCE Federal regulations allow the county to hold an agency conference in the county office for an applicant or recipient who requests this prior to asking for a formal state hearing. When the decision in the agency conference results in the department's compliance with the individual's request, the need for a state hearing may no longer exist. However, the agency conference cannot be used as a substitute for a state hearing unless the claimant agrees. When the applicant or recipient makes a timely request for an agency conference, the county director will acknowledge receipt of his request and will schedule the agency conference within 10 days after receipt of the request. The county staff member holding the agency conference must be one who has not participated in determining eligibility or who directed the decision. Although the county director must officially sign all forms with his name, if he has not actually taken part in the eligibility decision, the director or his/her designee may hold the agency conference. If the director has taken part in the decision, he must designate another staff member to hold the conference. If there is no county staff member who qualifies, the county director will notify the regional director who will either hold the hearing or designate someone to do so. The county department is responsible for: 1. Providing informal procedures for the individual and his representative, if present, to present information about the case, to question the basis for the decision which the county has made, and to have an explanation of the eligibility requirements as they pertain to the individual's situation. 2. Considering carefully the information presented at the conference and reaching a decision as to the individual's eligibility. Do not use any material in making this decision that was not discussed with the individual during the hearing or made available to him in the hearing folder. 3. Notifying the claimant of the decision based on the agency conference by use of one of the Notices of Decision on Agency Conference discussed later in this chapter. These notices give information as to the individual's right to a state hearing and provides space for him to use to make that request. If the agency conference involves the determination of incapacity in TANF the worker must let the individual know that the county department cannot make this decision but will have to forward information to the Medical Review Team for a final decision. The agency conference decision must be documented on CADM. 13003 MISSISSIPPI

[HEARING PROCESS: AGENCY CONFERENCE] Revised 03-01-11