Page 86
86 | P a g e October 25 ACTION: If the sub-grantee disagrees with the Human and Community Services Division (HCSD) Representative’s modification or reversal of the adverse action, the sub-grantee office Director may request that the hearing be held. SCHEDULING AN ADMINISTRATIVE REVIEW: 1. The Hearing Officer will notify the sub-grantee that an Administrative Review has been ordered. 2. Upon receipt of Form DPHHS-LS-007, set a time and place for the Administrative Review and notify the claimant. 3. Notification includes a statement indicating the purpose and scope of the Administrative Review, the effect the review has on the claimant's right to a Fair Hearing, and the claimant's right to representation (See Appendix B for a sample letter). 4. Notify the Human and Community Services Division (HCSD) Administrator that an Administrative Review has been ordered by sending the pink copy of the "Administrative Review Report". 5. Using Form DPHHS-LS-007, "Administrative Review Report," direct the local Reviewer/Designee to conduct an Administrative Review and return the results to the Hearings Officer within twenty (20) days of the date of the Order. RESPONSIBILITY ADMINISTRATIVE REVIEW PROCESS Sub-grantee 1. Open the Administrative Review by: a) Stating its purpose and scope; and b) Reminding the claimant that the review has no effect on his/her right to a Fair Hearing. Claimant or Administrative Representative 2. Ask the claimant or his/her representative to present their side of the case. a) Explain why the Fair Hearing and subsequent Review were requested. b) Present information in support of said position. Sub-grantee 3. Present the sub-grantee’s side of the case. a) Explain the basis for the sub-grantee’s action. b) Present documentation in support of said action. 4. Resolve differences by: a) Interpreting state policies and regulations which may not be entirely understood. b) Explaining to the claimant the laws and regulations under which the Department operates. 5. Complete, sign and date the Reviewer's Narrative of Form DPHHS-LS-007. Claimant or DPHHS- Representative 6. Complete, sign and date the Results section of Form LS- 007. Sub-grantee 7. Report the outcome of the review to the Hearings Officer and Human and Community Services Division (HCSD) Reviewer or Designee.