Temporary Assistance/Case Management Manual

0240.020.05 TANF Drug Testing Process Administrative Hearing

IM-02 January 23, 2025; IM-40 May 1, 2015; IM-19 February 20, 2013

The participant may request an administrative hearing on the cases where the participant was disqualified due to:

  • Refusing to cooperate with the drug-screening process.
  • Refusing to submit to a drug test.
  • Tests positive for the illegal use of a controlled substance for the first time
  • Refusing to show for substance abuse treatment.
  • Fails to complete treatment (drops out prior to completion)
  • Tests positive at the six month follow up test.

Income Maintenance Hearings Unit (IMHU)Staff Responsibilities

The IMHU staff will be assigned hearing requests as they are submitted to the hearings portal. Once the hearing request is assigned, the hearings staff will be responsible for the program related to the hearing through completion of the hearing process. This includes processing any changes as it relates to the hearing decision.

IMHU staff will contact the Division of Legal Services (DLS) Administrative Hearings Unit (AHU) to obtain an agency attorney for drug testing related hearings.  AHU will contact any additional personnel necessary to testify during hearings.

Family Support Division (FSD) Staff Responsibilities

When FSD receives a request for a hearing in-person, by telephone, handwritten request, DSS Chat, or a completed IM-85 Hearing Request, Staff will do the following:

  1. Navigate to the FSD Worksite from the FSD Intranet home page, select New Worksite and then Hearings
  2. On the Hearinglanding, select Submit Hearing Referral.
  3. Complete all the required fields on the Hearing Request Handoff page and click submit; the hearing request is sent to the Income Maintenance Hearings Unit (IMHU).
  4. Add a comment in the eligibility system(s) and record the following:
    1. the date the hearing request was received,
    2. who requested the hearing,
    3. a detailed reason the hearing was requested,
    4. and the date the request was sent to IMHU.
  5. If a HOLD and/or OVERRIDE is requested on the current benefit determination, enter the action in the eligibility system(s). Refer to IM Resources for the correct process.

Note: When a handwritten request or IM-85 Hearing Request is received, after the request is submitted to the IMHU, scan this documentation into the participant’s electronic file (ECM) under the head of household’s DCN.