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• The request for a hearing is withdrawn in writing by the claimant or his representative. • The claimant or his representative without good cause fails to appear at the hearing. • The request for hearing is filed more than ninety (90) days after the date of the notice of adverse action. • The Department does not have jurisdiction over the subject matter or the appeal procedure. • Either federal or state law requires automatic changes in eligibility or services covered or benefit amount for a class of claimants and the issue is not incorrect eligibility or coverage or benefit adjustment.
PROCEDURE FOR DENIAL OR DISMISSAL: When a hearing request is determined abandoned, notice of dismissal or denial, in which the claimant is offered the opportunity to explain his/her failure to appear, is sent to the claimant by the Hearing Officer. If an explanation is provided which shows good cause exists for the non-appearance of the claimant or his/her authorized representative, the Hearing Officer may reschedule the hearing.
5.14 Group Hearings APPROPRIATENESS: The Department may respond to a series of individual requests for hearing by conducting a single Group Hearing. Such a hearing is appropriate when:
• The claimants involved agree to participate in a group rather than individual hearing. • The cases involve related issues of state and/or federal law, regulations or policies and these issues are the only ones to be heard (i.e., non-related issues unique to a particular case will not be heard at this time). • The claimants involved are to be allotted time to present the case, or have it presented by a representative.
POLICIES AND PROCEDURES: The policies and procedures governing individual hearings must be followed in a Group Hearing, with these guarantees:
• Each claimant must be allotted time to present his/her own case, or have it presented by a representative. • Any claimant who does not wish to participate in a Group Hearing may request an individual hearing. 5.15 Safeguarding Information
TYPES OF INFORMATION TO BE SAFEGUARDED: include but are not limited to: