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
Complete the IM-87 Application for State Hearing and submit to the ECM/Work Site. Review Email Memorandum #41 dated 03/23/2015 for hearing document indexing instructions and other hearing request procedures.
IM Hearings Unit Staff Responsibilities
The IM Hearings unit 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.
Hearing 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.
The IM Hearings Unit staff will update the Hearing Tracking (HEARING/FM6U) screen for hearings related to TA drug testing policies, including the hearing request and the hearing decision outcome.
Resident County Staff Responsibilities
The Division of Legal Services, Administrative Hearing Unit, sends a copy of the Notice of Administrative Hearing to the resident county FSD office email address. All resident county offices must:
- Correctly complete and submit Hearing Request (IM-87) forms to the work site.
- Hand written requests will be accepted as long as it is legible.
- Check county email address daily for notices of scheduled hearings.
- Schedule a private room for the date and time of the hearing.
- Schedule a staff person to be responsible for assisting the claimant on the day of the hearing.
- Have a process in place to determine if an individual is in the office for a hearing prior to the scheduled hearing time.
- Provide the individual with the hearing exhibits prior to the scheduled hearing time.
- The hearing exhibits will be located in the virtual office.
- If the exhibits cannot be located, contact the agency witness listed on the notice of scheduled hearing.
- Provide a private room for individuals to use when participating in a hearing in person or by telephone with the IM Hearings Unit.
- Provide a contact person with a direct telephone number or telephone number with an extension to receive phone calls regarding hearings.
- Make and submit copies of exhibits to the hearings officer from the individual participating in the hearing, if requested.
- The hearing decision is emailed to the resident county office.