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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual If at the conclusion of pre-hearing conference the customer or A/R wants to continue with the hearing process, the Conferences/Hearing form will become part of the documents to be presented at the hearing. Refer to MS 794 for additional information on hearing participation. 792.2 Disposition of a Hearing Request A copy of every hearing request, whether it is appealable or not, must be forwarded to DWSS AAU within 10 calendar days of receipt. Only a DWSS Hearing Officer can dispose of a hearing. The Hearing Officer will render a written decision within 90 days from the date the hearing was filed. A copy of the written decision will be provided to the customer and A/R (if applicable). A copy of the decision will be provided to the applicable Child Care office to be placed in the case file. 792.2.1 Agency Withdrawal of a Hearing Request The Child Care office may reverse its noticed action at any time during the hearing process. If the contested action is reversed after receiving a hearing request, a report must be prepared by Child Care staff. This report must include verification the action under dispute has been resolved and, if applicable, documentation verifying the application/case has been reinstated. The report must be forwarded to DWSS AAU within 3 business days following the reversal decision date. A copy of the report must be kept in the eligibility case file. 792.2.2 Customer Withdrawal of a Hearing Request The customer may withdraw their hearing request verbally or in writing. The written withdrawal must be signed and dated by the customer or A/R. For verbal withdrawals, Child Care staff must provide a written report of the verbal conversation narrating the date of the request, the name of the person requesting the withdrawal and why the request for a hearing is being withdrawn. A copy of the withdrawal report must be forwarded to the AAU within 3 business days following the date of the withdrawal request. If the hearing request is withdrawn by the customer or A/R, and continued benefits were requested, the previously contested action must be taken immediately (e.g., update the case, reinstate benefits, terminate, etc.). Any excess benefits the household received during the pending period must be referred to DWSS Investigations and Recovery for collection. 792.2.3 Denial of a Hearing Request A hearing need not be granted when: a. The sole issue is either a state or federal law that requires an automatic grant/subsidy adjustment. b. Benefits are reduced or terminated as a result of mass change without individual notice of adverse action. c. The request is not received timely (see MS 791). d. No negative action has been taken; an application which is placed on the wait list is an example of no negative action being taken. The Hearing Officer will send a denial notification to the customer and A/R, if applicable. 700- Program Violations, Overpayments, Hearings [17] MTL 01/24 July 1, 2024