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• The claimant (and/or representative) has the right to waive an AR and continue to the fair hearing. • The claimant must withdraw their hearing request in writing. NOTE: When a client contests transfer or discharge by a nursing facility, the Department is not a party to the hearing, but instead must provide a forum. Rescheduling the AR: The claimant is allowed a reasonable opportunity to reschedule the AR; an additional opportunity is allowed when good cause exists. Representation at AR: The claimant may be represented by: 1. Him/herself; or 2. An authorized representative, such as legal counsel, a relative, friend or other spokesperson. Fair Hearing Unit staff represents the Department. When the disputed issue is complex, has legal ramification or the claimant is represented by an attorney, Fair Hearing Unit staff will request Office of Legal Affairs (OLA) assistance. OLA will prepare any briefs the Hearing Officer requests. NOTE: The eligibility staff member who processed the case may attend the AR, but cannot act as the OPA representative. If warranted, an adverse action may be reversed or modified during an AR. When this occurs the hearing is not held unless the claimant objects to the modified action and requests to proceed to the hearing. If satisfied with the reversed/modified determination, the claimant must sign the appeal withdrawal form. When the claimant (or representative) fails to appear for an AR, the Hearing Officer will proceed with the hearing schedule and notify the claimant. A group AR may be held when the: 1. Claimants agree to participate in a group rather than as individuals; and 2. Cases involve related issues of state and/or federal law, regulations or policies. Claimants (or representatives) involved must each be allotted time to present his/her case. FAIR HEARING REQUEST & APPEAL TIME LIMITS: Clients must file requests for hearing and/or appeals as follows: • Hearing request: The hearing request must be in writing and the Department must receive it within 90 days of the date the adverse action notice is mailed; the claimant’s signature is not required. EXCEPTION: A hearing request regarding a department determination of ability to pay for cost of institutional care must be received in writing, within 30 days of notice mailing.