Special Assistance SA-3340 HEARINGS

VI. IMPLEMENTING DECISIONS

A. Time Standards For Hearing Officers

1. The hearing officer must render a decision not more than 90 calendar days from the date of the request for the local hearing.

2. The hearing officer will prepare a tentative decision on the DSS-1894 which will be sent to the appellant by certified mail.

B. Time Standards for Applicant/Recipients Or County DSS

1. The DSS and the appellant may present oral and/or written agreements, for and against the Notice of Decision no later than 10 calendar days from the date of the notice. Both must contact the chief hearing officer to present arguments. No new evidence will be accepted at this level of the appeal process.

2. If no written argument or request for oral argument is made within 10 calendar days of the tentative decision, the tentative decision becomes final 10 calendar days after the date of the DSS-1894.

3. If the party that requested oral argument fails to appear at the hearing for oral argument, the tentative decision becomes final. . If contested, it is final when the final decision is signed. The final decision is forwarded on the DSS-1893, by certified mail.

4. Further Appeal

If the appellant is not satisfied with the final decision following the state hearing, he may, within 30 calendar days of the receipt of that decision, file a petition for judicial review in Superior Court. For appeals filed after 30 calendar days, a Superior Court judge may issue an order permitting a review if the judge believes good cause exists for the delay in filing.

C. Time Standards for Implementing Hearing Decisions on Applications

1. All information needed to determine eligibility must be requested within 5 days of the date of the final decision of the appeal.

2. If there is a subsequent need for additional information, it must be requested on a DMA-8146 within 5 workdays of the date that the need for the additional information became known to the DSS.

3. Dispose of the application within 5 workdays of receipt of the last piece of information needed to determine eligibility. Mail the check within five workdays that all information is received.

4. Application processing standards apply to hearing decisions.

D. Time Standards for Implementing Decisions on Terminations/Modifications of Assistance

1. Implement the appeal decision within 14 workdays from the date the decision is received by county DSS.

2. To reopen a terminated case, enter a date of application that is the first day of the month following the effective date of termination. Complete a DSS-8124, Application Data Processing Form. If there is a signed application in the file, this application need not be signed. Follow instructions in EIS User’s Manual to re-enter application.

E. Overrides

If eligibility is approved for any period more than 12 months prior to the date the, send a cover letter to the payment benefits section. Refer to MA-2395, Corrective Actions and Responsibility for Errors, for instructions for Medicaid overrides.