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(1) In computing any period of time herein, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a State or Federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor such holiday. (2) A notice sent by regular United States mail is presumed to have been received by the fifth day following the posting; if sent by certified mail, return receipt requested, the date of receipt is the date the recipient signed the certificate of receipt. (3) In determining whether a request for hearing is timely filed, the date of the postmark or the date of receipt by the OAH or by the Department shall be used, whichever is earlier. HISTORY: Added by State Register Volume 24, Issue No. 7, eff July 28, 2000. 114–110. Purpose. The fair hearing process is an official state action required by Federal and State laws and regulations in accordance with the Fourteenth Amendment to the United States Constitution. The process allows an individual to contest an adverse action taken by the Department and to have his or her objections to the adverse action heard by an impartial hearing officer or committee. HISTORY: Amended by State Register Volume 24, Issue No. 7, eff July 28, 2000. 114–120. Objectives. The objectives of the hearing process are: A. To provide an opportunity for a party aggrieved by an adverse action to be heard pursuant to Federal and State laws and regulations and/or departmental policies; B. To provide a forum for one who is the subject of a child protective services indicated case for which an appeal is allowed by statute; C. To ensure uniform application of social services regulations and policies throughout the state; D. To assure that an appeal of adverse action is resolved by prompt, definitive, and final administrative action. HISTORY: Added by State Register Volume 24, Issue No. 7, eff July 28, 2000. 114–130. General Fair Hearing Procedures. A. Except as otherwise specified, the procedures outlined in this section apply to all hearing requests. B. Request for Fair Hearing (1) A request for hearing must be made either in writing or orally, except where otherwise specified for particular programs, to the caseworker or to the OAH within thirty (30) days of receiving notification of adverse action. (2) A request shall contain (a) The name of the party requesting the hearing; (b) Information sufficient to identify the decision, which is being contested; and (c) The relief requested. C. Representation (1) The claimant/petitioner may appoint a representative or may represent himself/herself. (2) The claimant/petitioner or representative may review the evidence in the case file, either on the date of the hearing or at an earlier time upon request, and present additional evidence. (3) The claimant/petitioner or representative may present witnesses and question any witnesses at the hearing. D. Legal Counsel to the Office of Administrative Hearings (1) Legal counsel to the OAH shall have authority to attend the fair hearing and assist the hearing officer/committee in the preparation of its findings of fact, statements of policy, and conclusions of law. Legal counsel to the OAH shall not provide legal assistance to either party to the proceeding.