The hearings officer may dismiss a request for hearing if:
- The request is not timely
- FSD rescinds the action that resulted in the request (see 0130.020.70.10 FSD Rescinds the Action)
- The EU fails to appear for the hearing without good cause
- A hearing decision was previously rendered on the same issue(s) involving the same month(s) of benefits
- The issues involve matters where the AHU has no jurisdiction, such as complaints against an FSD staff person, FSD’s operating policies and civil rights complaints
- The issues are under another agency’s jurisdiction
When a hearing request is dismissed, the hearings office will notify the EU and FSD. When the notice of dismissal is received by FSD, if benefit were continued, staff takes the proposed action as indicated on the Notice of Adverse Action and records information regarding the case action.