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The State hearing safeguards the interest of the individual client and assures fair and equitable administration of assistance programs.
1. Submit the DSS-1473 (Figure 264-7) to the Chief Hearing Officer, Hearing and Appeals Section, Division of Social Services.
Complete the request:
a. On the day the a/r requests a State hearing that does not involve a question of incapacity; or
b. Within five calendar days of the date the a/r requests a State hearing that involves a question of incapacity.
2. Attach a copy of the local hearing decision.
1. The hearing officer designated to handle the hearing will give reasonable notice to the county and the a/r of the time and place of the hearing.
2. The a/r may request and is entitled to receive a postponement of the scheduled hearing with good cause. The a/r has good cause to postpone the hearing when:
a. There is a death in the a's/r's family; or
b. The a/r or someone in his family is ill; or
c. The a/r is unable to obtain transportation; or
d. The a's/r's representative has a conflict with the scheduled date; or
e. The a/r is unable to obtain representation; or
f. The a/r received a notice of action proposing a reduction or termination of assistance after the 10 workday notice period expires; or
g. The hearing officer determines that the hearing should be delayed for some other reason.
3. The postponement may not exceed 30 calendar days.
Hold the hearing in the county social services office unless the a/r is bedfast or has great difficult moving. In such cases, the hearing may be held where the a/r lives.
Prior to and during the hearing, the a/r or his representative may examine the contents of his case file together with portions of other public assistance or social services case files that pertain to the appeal. He may also examine all other documents and records to be used at the hearing.
1. Prepare an original and two copies of a summary discussing the agency's action and the reasons for that action. Cite the regulations substantiating that action. Attach to the summary copies of pertinent documents.
2. Give the original to the hearing officer. Give one copy to the a/r. Following the hearing, file the other copy in the case record.
Attendance at the hearing is limited to the a/r, his representative, appropriate representatives of the county department, and any witnesses which the a/r or the county wish to call upon for testimony.
1. The a/r and the county may be represented by attorneys or other representatives obtained at their expense.
2. A hearing office from the Division of Social Services presides a the hearing and administers the oath to all participants. He will also record the hearing. No transcript will be prepared unless a petition to Superior Court is filed. See K. below.
3. The county and the a/r must each name someone to present their testimony and to call witnesses.
4. The county's representative must read the summary and explain the county's action, or call upon someone to do so. He may call witnesses, one at a time. The hearing officer may question witnesses, one at a time. The hearing officer may question witnesses during their testimony. When the county's testimony has ended the a/r or his representative may question the county's witnesses or representative.
5. The a/r or his representative may then explain why he feels the county's action should not take place. He may call witnesses, one at a time. The hearing officer may question witnesses during their testimony. When the a's/r's testimony has ended, the county or its representative may question the a/r, his witnesses, or representative.
6. Representatives for both the county and the a/r may present closing statement summarizing their view of the situation in question.
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 prepares a tentative decision on the DSS-1894 (Figure 264-8) and sends it by certified mail to the county.
3. The county and the a/r may present verbal and/or written argument, 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 hearing process.
4. If no written argument or request for verbal argument is made within ten calendar days of the date of the tentative decision, the tentative decision becomes final.
5. If the party that requested verbal argument fails to appear at the hearing for verbal argument, the tentative decision becomes final.
6. If presented, verbal and/or written arguments are taken into consideration and a final decision is made. DSS-1893 (Figure 264-9) is sent to the a/r and county by certified mail.
1 With the exception of a decision on an application which has been denied, put a decision upholding the a/r into effect within two calendar weeks after the decision becomes final. Unless the a/r or county present argument against the decision to the Chief Hearing Officer, the decision becomes final ten calendar days from the date on the DSS-1894, Notice of Decision.
If a case was opened or reopened due to administrative review and pended for more than twelve months, send a cover letter to the Economic Independence Section. Include the name of the medical provider(s) and date(s) of service, if available.
If arguments are presented, the decision becomes final on the date on the DSS-1893, Notice of Final Decision.
Unless it is determined the a/r is ineligible for some other reason, the check must be mailed no later than the end of two calendar weeks.
2. When the decision reverses the denial of an application, you must:
a. Notify the a/r on the DSS-8146 within five workdays after the date an appeal decision becomes final of each specific piece of information needed to complete the reopened application.
Unless the a/r or county present arguments against the decision to the Chief Hearing Officer, it becomes final ten calendar days from the date on the DSS-1894, Notice of Decision.
b. Request within five workdays of the date an appeal decision becomes final each specific piece of information necessary to determine eligibility.
Verification available at the county department of social services or information verified by agency staff must be completed within five workdays. Verifications requested from sources outside the agency must be requested within five workdays.
c. Notify the applicant by use of the DSS-8146 of any additional information needed within five workdays after you discover the need for additional information.
d. Complete the application and unless the applicant is ineligible for some other reason, mail the check within five workdays after all information is received.
If the a/r 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.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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