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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual 792.2.4 Abandoned Hearing Request A hearing is considered abandoned when neither the customer nor their A/R appears for a scheduled hearing after having been properly notified. The Hearing Officer will send appropriate notification to the customer and A/R, if applicable. The hearing is considered abandoned unless the customer or A/R submits to the Hearing Officer substantiation for good cause for failing to appear. The Hearing Officer must receive the substantiation within 10 days of the date of the abandoned decision notification. If the hearing is abandoned 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). Any excess benefits the household received during the pending period must be referred to DWSS Investigations and Recovery for collection. 793 Scheduling and Location of Hearing Upon receipt of the Notice of Appeal (or a written request), the AAU notifies the household and appropriate Child Care staff of the date, time, and location of the hearing. The household is given at least 10 calendar days advance notice prior to the scheduled hearing unless the household requests the hearing be held in a shorter period of time. Customers are given a written explanation of the hearing procedures (Form 2076) with the scheduling letter. At the discretion of the Hearing Officer, a hearing may be postponed if requested by either party. Hearings may be conducted via telephone or video conference upon the approval of the Hearing Officer. The Hearing Officer may schedule telephone/video hearings for the sake of economy and expediency for outlying areas or for other extenuating circumstances. If a telephone/video hearing is held, the following procedures apply: 1. Child Care staff must be at the location designated by the scheduling letter. 2. The Hearing Officer may request the Child Care office and the customer provide copies of any evidence or exhibits to be presented during the hearing to the Hearing Officer and the other party prior to a scheduled telephone hearing. This does not preclude additional information from being presented during the hearing or, if requested, after the close of the hearing. 3. All telephone/video hearings must be tape/digitally recorded by the Hearing Officer. 794 Hearing Participation Attendance at a hearing is limited to those directly concerned; namely, customers and/or their A/R, interpreter, witnesses and representatives of the Child Care and Development Program. Others may be allowed at the discretion of the Hearing Officer. It is the responsibility of Child Care staff to organize oral and written evidence and prepare a "BASIS OF ACTION" summary substantiating the decision for presentation at the hearing. The summary must quote applicable law, federal regulations or DWSS policy as it pertains to the action. This summary is read into the record and entered into evidence at the hearing. Confidential information, such as documents or records containing the names of individuals who have disclosed information about the household without its knowledge or the nature and status of pending 700- Program Violations, Overpayments, Hearings [18] MTL 01/24 July 1, 2024