The purpose of this memorandum is to outline procedure when a hearing is requested on a sanction that resulted from a recommendation by the Division of Workforce Development (DWD). The procedure applies to hearings for failure to participate in or comply with requirements of the Career Assistance Program (CAP) for Temporary Assistance and the Missouri Employment and Training Program (METP) for Food Stamps. A representative from DWD and/or a sub-contractor must attend the hearing. DWD and/or the sub-contractor must summit evidence to support the recommendation for the sanction.

Effective immediately, when a hearing request is received based on a sanction action resulting from a DWD recommendation, take the following steps:

• Complete the Application for State Hearing (IM-87).
• Enter “DWD” in the upper right hand corner of the IM-87.
• Fax a copy of the completed IM-87 to DWD administration office at 573-751-9528, attention Sanction Hearing Request on the same day the IM-87 is submitted to the hearing unit.
• Submit the original (white) copy to the Hearing Officer within one (1) day after the request for a state hearing has been made.

A copy of the notice for the hearing will be sent to DWD administration from the Hearing Unit at the same time the notice is sent to the individual and the FSD worker. DWD administration will notify the correct DWD/sub-contractor of the date, time, and place of the hearing.

A review will be conducted by DWD before the hearing date. If DWD needs to withdraw from a hearing for any reason, the local DWD/sub-contractor worker will notify the local FSD worker. Follow current procedures for withdrawing from a hearing as outlined in Chapter 10 of the IM manual.

The FSD witness must be prepared to testify on how the decision was made to refer the individual to DWD and the actions taken after the recommendation to sanction was received. For Temporary Assistance, FSD should submit into evidence the Family Information Record (IM-309), the Self-Sufficiency PACT (IM-300), Adverse Action Notice (IM-80) and any other pertinent information, such as the budget. For Food Stamps, FSD should provide printouts of the FMMS-Employment Assessment screen, FMAM-Sanction Disqualification screen, the FA510 Adverse Action Notice, the FA150 Claimant Action Notice, and any other documentation or comments screens available to support this decision.

• Review this memorandum with appropriate staff.
• Enter “DWD” in the upper right hand corner of the IM-87 when the hearing has been requested due to a recommendation from DWD on CAP and/or METP.
• Fax a copy of the IM-87 to DWD administration when a hearing is requested on a CAP and/or METP sanction recommended by DWD or a sub-contractor.
• FSD staff must be prepared to testify at the hearing and submit evidence on action taken on the case.