SUBJECT:
REVISED HEARING PROCEDURES
DISCUSSION:
Effective immediately, all requests for fair hearings must be reviewed by a supervisor to ensure the agency's proposed action resulting in the request for hearing is appropriate. Supervisors must review the information to be presented in the hearing with the worker who will be the Agency witness. Supervisors also must be present during the hearing to support the caseworker acting as the Agency witness.
Once a claimant requests a hearing, submit the case record to the immediate supervisor with the Application for State Hearing (IM-87) and the required attachments.
The immediate supervisor must review the case record for accuracy and validity of the case action(s) regarding State law and regulations, Agency policy, and caseworker judgment.
The supervisor must:
- advise the caseworker of the findings;
- agree and sign the hearing request form;
- forward the Application for State Hearing (IM-87) along with required attachments to the Administrative Hearing Unit in accordance with established timeframes (all applications for Food Stamp hearings must be faxed to the Administrative Hearing Unit on the same day as the request is made); and
- submit a copy of the information sent to the Hearing Officer to the Agency Witness.
If the disputed action(s) is found to be in error, the supervisor must ensure the case is corrected and notify the claimant of the action(s) taken. If the claimant requests a withdrawal from the hearing, discuss the Withdrawal of Request for Hearing form (IM-90) with the claimant prior to its completion.
If the disputed action(s) is correct, the supervisor must have a pre-hearing conference with the claimant prior to the hearing.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.
- All hearing requests must be reviewed by a supervisor prior to sending the hearing request to the Administrative Hearing Unit.
- A supervisor must be present during the hearing.