The Agency Witness (usually the FSD eligibility specialist or supervisor and the MWA case manager or supervisor) is the person(s) officially designated to testify for FSD in a state hearing. The Agency Witness presents evidence, in chronologic (date) order, and testifies as a witness for the agency, and explains the agency rules, regulations, policies, and guidelines.
NOTE: Do not cross-examine, enter objections, handle objections, or conduct direct examination. Only attorneys are allowed to do those things.
Witnesses participating in the hearing are asked to 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 employer) in the capacity of (working title). I have been employed by (name of employer) for (number of months or years). Our office provides case management services to Temporary Assistance recipients 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 recipient). It is the policy of (name of employer) 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 recipient is seen for services or information about the recipient is obtained. Entries in the record for (full name of TA recipient) are in the usual form and I will be using information contained in the case record in my testimony.”
The Hearing Officer will then:
- allow for cross examination, challenges and objections of witnesses by the recipient or his/her representative;
- allow for presentation of the recipient’s facts and evidence; and
- keep the evidence focused on the hearing issues.
The recipient or his/her representative:
- presents their facts and documentary evidence;
- discusses the issue and challenges facts and enters objections.NOTE: During this process the Hearing Officer continues to keep the evidence presented focused on the hearings issues.
The Agency Witness(es) may then:
- examine evidence;
- provide rebuttal testimony upon request of the Hearing Officer;
- ask to make testimony, if necessary; and
- request continuance if new information is introduced which might affect the eligibility determination.
The Hearing Office may then reschedule the hearing or approve a continuance, if necessary, or adjourn the hearing, if appropriate.