Legal Aspects – Table of Contents

0130.020.70.30 Missouri Work Assistance (MWA) Hearings

When an EU requests a hearing based on non-cooperation with a work-related activity, or the Temporary Assistance case was closed because mail sent by MWA was returned by the Post Office with no forwarding address, the AHU emails a copy of the IM-87, and a copy of the Notice of Scheduled Hearing, which includes the date, time, and location of the hearing to the MWA Unit. An MWA program development specialist (PDS) immediately reviews the MWA System and determines if the sanction alert or the unable to locate alert was sent according to MWA policy.

When the sanction or unable to locate alert was sent in error:

  • The MWA PDS:
    • Sends an email to the MWA service provider and the FSD local staff:
      • Stating the sanction or unable to locate alert was sent in error and the reason for the error; and
      • Instructing local FSD staff to rescind from the hearing.
    • Documents the action in case notes in the MWA System.
  • The MWA provider must begin re-engagement efforts immediately.

When the sanction alert or unable to locate alert was sent correctly:

  • The MWA provider and local FSD staff receives an email stating the alert was sent according to policy and gives the date, time, and place of the hearing.
  • If only the IM-87 was received from the AHU by the MWA PDS, an email stating policy was followed is sent. When the Notice of Scheduled Hearing is received from the AHU, another email is sent giving the date, time and location of the hearing;
  • The MWA provider must immediately notify the appropriate case manager who is required to participate in the hearing when scheduled; and
  • The MWA case manager must be prepared to provide relevant testimony and/or evidence relating to the reason for the sanction, or reason unable to locate.

The MWA case manager must provide evidence proving the sanction recommendation or the case closing due to unable to locate to the FSD within three (3) business days of notification of the hearing.

Evidence includes:

  • Call-in letter(s);
  • All returned letter(s), if appropriate;
  • The Individual Employment Plan (IEP);
  • Free-form letters;
  • Locate attempts to contact the customer (ex: by phone);
  • Conciliation attempts;
  • Case notes;
  • Evidence or notes on telephone calls; and
  • Any other documentary evidence submitted in hard copy form to support the recommendation, if necessary.

MWA staff participating in the hearing must keep one copy of the relevant evidence supporting the request to sanction or close the TA case and supply copies prior to the hearing to the:

  1. TA EU;
  2. Hearing officer; and
  3. FSD agency witness.

The appropriate MWA case manager (or MWA provider supervisory/management staff familiar with the circumstances regarding the EU’s non-compliance) must participate in the hearing.

NOTE:  The MWA providers participate in the hearing via telephone only when the required evidence has been provided to the appropriate individuals prior to the hearing. If the evidence has not been provided prior to the hearing the MWA case manager or other MWA staff must attend the hearing in person in the FSD office in the EU’s county of residence.

The FSD witness will introduce the MWA witness in the hearing. The MWA witnesses participating in the hearing must verbally qualify themselves and their evidence prior to providing testimony. The suggested language to qualify the MWA witness during the hearing is:

“My name is (full name). I am employed by (name of MWA provider) in the capacity of (working title). I have been employed by (name of MWA provider) for (number of months or years). Our office provides case management services to Temporary Assistance EUs through the Missouri Work Assistance program.

I have with me at this hearing the official Missouri Work Assistance case record of (full name of TA EU). It is the policy of (name of MWA provider) to maintain a case record on all MWA participants referred to our agency for case management services.

It is the regular course of business for case managers to make entries in the record at or near the time the EU is seen for services or information about the EU is obtained. Entries in the record for (full name of TA EU) are in the usual form and I will be using information contained in the case record in my testimony.”