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NOTE: Upon request, make available, without charge, the specific materials, including the hearing rules necessary for a claimant or their representative to prepare for the administrative review and/or hearing.

The claimant/representative may not examine those portions of the case file which:

1. Are precluded by federal regulation. 2. Are precluded by directive of a medical professional; or, 3. Contain confidential information about someone other than the claimant.

The claimant/authorized representative may:

1. Present the case or have it presented by a legal counsel or another person. 2. Bring witnesses. 3. Advance arguments without undue interference. 4. Submit evidence to establish all pertinent facts and circumstances in the case at least five days prior to the hearing (evidence presented during a hearing must be considered even if it was not submitted five days prior to the hearing); and 5. Question or refute any testimony or evidence, including the opportunity to confront and cross- examine adverse witnesses.

DEPARTMENT’S ROLE:

The Department’s Representative must attend the hearing and present the case for the Department. The DPHHS attorney, regional and/or central office policy specialist or other authorized department representative may attend the hearing and present or participate in the case presentation.

When the issue in dispute is complex and/or appears to have legal ramifications, the Department representative will contact the Policy Specialist and request assistance from the Department’s Office of Legal Affairs. For example, issues related to funds placed in trusts or resource accessibility or if the claimant has indicated their legal counsel wishes to address state or federal law.

If the Administrative Hearings Officer requests a legal brief, the Department representative will promptly contact the Office of Legal Affairs and request them to prepare the brief.

The Department’s representative may:

1. Examine all materials the claimant intends to introduce at the Administrative Hearing. 2. Present its own evidence.