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Continuing Benefits During the Hearing Process

If the recipient files a fair hearing request prior to expiration of the 13-day adverse action time period, the change is not made pending completion of the fair hearing process. If an individual files a fair hearing request within 13 days of issuance of a concurrent notice, benefits are restored pending completion of the fair hearing process. Excess benefits issued during the fair hearing process must be repaid if the hearing is decided in favor of the Department.

Applicant or Recipient Rights During the Hearing Process

An applicant or recipient has the following rights with respect to the conduct of a fair hearing. The claimant has the right to: • Review the household’s case file prior to, during and after the hearing; • Request and receive copies of documents in the case file for use during the hearing process; • Request an agency review conference to be scheduled prior to the hearing to discuss the issues involved in the hearing. The agency conference is optional and does not delay or replace the hearing process; • Bring witnesses to present information that is relevant to the case; • Submit evidence to establish facts and circumstances in the case; • Advance arguments without undue interference; and • Question or contradict any testimony or evidence, including the opportunity to conform and cross-examine the Department’s witnesses.

Who Conducts the Hearing

The hearing is conducted by an independent hearing officer who makes a recommendation to the Director of the ISD or designee. The ISD Director makes the fair hearing decision for the Department. Fair hearings are most frequently conducted telephonically, but a face-to-face hearing may be held at the applicant’s request.

Appealing a Decision of the Director

If the applicant or recipient does not agree with the fair hearing decision, the decision may be appealed to the New Mexico Court of Appeals. NMSA 1978, Section 27-2B-13(F).

Cost for Copying Documents

The costs of the fair hearing and costs for copying relevant Department records to be used by the applicant or recipient in the fair hearing are met by HCA. HCA is not responsible for meeting any other costs incurred by the applicant or recipient in either the fair hearing or judicial appeals process.