Legal Aspects – Table of Contents

0130.020.20 Requesting a Fair Hearing

If an EU contacts the FSD regarding an adverse action, staff should discuss the facts regarding the rejection, closing or reduction of benefits with the EU and try to resolve the issue at the first contact. When an EU disagrees with the FSD on their request for benefits, or amount, overpayment, delay or termination of benefits, an agreement is often reached through an explanation by the FSD staff of policies and actions taken. However, the EU may always request a fair hearing.

A request for hearing is any clear expression, either verbally or in writing, by the EU, the EU’s authorized representative or legal representative that the EU chooses to appeal a FSD decision or action. Staff must not limit or interfere with the freedom of the EU to request a hearing. If it is unclear from the EU’s request what action it wishes to appeal, FSD staff may request information from the household to clarify the issue.

RSMo 208.080 specifies “All appeal requests may initially be made orally or in any written form, but all such requests shall be transcribed on forms furnished by the division and signed by the aggrieved applicant or EU or his or her representative prior to the commencement of the hearing.”