Hearings Manual

0130.020.90.25 Hearing Requests Dismissed or Denied

The hearings officer may dismiss a request for hearing if:

  • The request is not timely.
  • The FSD rescinds the action that resulted in the request. See section 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, the 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 the FSD. When the notice of dismissal is received by the 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.