| TO: | ALL COUNTY OFFICES |
| FROM: | JANEL R. LUCK, DIRECTOR |
| SUBJECT: | EX PARTE COMMUNICATION WITH DIVISION OF LEGAL SERVICES (DLS) ADMINISTRATIVE HEARINGS OFFICERS |
DISCUSSION:
Ex parte communication occurs when one party in a hearing discusses the case with the hearings officer and the other party is not a participant. This communication may influence a decision in the hearing and gives the appearance that the hearings officer may not be impartial. To avoid this situation Family Support Division (FSD) staff should not have direct communication with a hearing officer on any case before or after a hearing. This includes e-mail and phone conversation, as well as written communication. Any communication that does take place must be copied in full to all parties involved in the hearing.
Procedural Questions
During the course of preparing for a hearing FSD staff may have questions that arise. FSD staff may call the Division of Legal Services (DLS) Administrative Hearing Unit support staff in their respective counties for help with any procedural questions. Procedural questions may include:
Where is the hearing held?
Where should FSD send our copy of the report?
What time is the hearing?
Contact the DLS Administrative Hearing Unit assigned to your county for procedural questions about hearings:
DLS Jefferson City
PO Box 1527
Jefferson City, MO 65102
573-751-0335
FAX 573-751-0334
DLS Kansas City
103 N Main, Suite 202
Independence, MO 64050
816-325-5918
FAX 816-325-5908
DLS St. Louis
8501 Lucas & Hunt Road
Jennings, MO 63136
314-877-2075
FAX 314-877-2173
Claimant's Questions
Occasionally while a hearing is pending, the claimant will contact the Eligibility Specialist to relay information to the hearing officer or to ask the hearing officer a question. Eligibility Specialists should always be courteous to claimants. However, care must be taken to assure ex parte communication does not occur. In situations such as these, ex parte communication occurs if the Eligibility Specialist contacts the hearing officer directly by e-mail or phone to convey the information or question posed by the claimant and the claimant is not a party to the phone call or e-mail. Ex parte communication should be avoided in these situations by:
- Informing the claimant that s/he can contact the DLS Administrative Hearing Unit support staff herself or himself to convey the information or to ask the question and providing DLS office contact information, or
- Assisting the claimant in phoning the Hearing Unit, if such assistance is requested.
NOTE: It is improper for the Eligibility Specialist to e-mail the hearing officer directly to convey information or to ask the hearing officer a question on behalf of a claimant because this type of contact constitutes ex parte communication.
If the claimant has documents s/he wants sent to the hearing officer, it is appropriate to fax copies of the documents to the Hearing Unit for the claimant. Additionally, it is appropriate to continue to work with the claimant as always, not relative to the hearing.
Legal or Policy Questions
Any legal or policy questions may be routed through supervisory channels to Program and Policy Units in Central Office. Legal questions relate to any specific law or policy for the case. It is improper to ask the hearing officers these questions as they should remain neutral on the case and not have input into interpreting policy before they hear the case.
FSD staff should consult with county supervisory staff for legal or policy questions about hearings. If the legal or policy question cannot be resolved at the county level, submit an IM-14 Request for Interpretation of Policy through supervisory channels. Refer to Memorandum IM-11, Tracking Requests for Policy Interpretation, dated February 7, 2005, for guidance on how to submit a request for interpretation of policy to the respective Program & Policy Units in Jefferson City.
NECESSARY ACTION:
- Review this memorandum with all appropriate staff.