- TO:
- ALL FAMILY SUPPORT DIVISION OFFICES
- FROM:
- ALYSON CAMPBELL, DIRECTOR
- SUBJECT:
- REMOVAL OF AUTOMATIC HEARING REQUIREMENTS FOR TANF DRUG TESTING
- MANUAL REVISIONS #24:
0240.010.10 through 0240.010.30;
0240.015.00 through 0240.015.15;
0240.020.00 and 0240.020.05;
0240.025.00 through 0240.025.15
DISCUSSION:
The purpose of this memorandum is to notify staff of the removal of the automatic hearing requirement related to drug testing for Temporary Assistance (TA) cases. Senate Bill (SB) 680 passed during the 2014 legislative session removed the automated hearing requirement. The regulation changing the hearing requirements, 13 CSR 40-2.440, becomes effective April 30, 2015.
Effective May 1, 2015, TA recipients subject to a disqualification due to drug screening and testing requirements must request a hearing if they disagree with the decision to disqualify and remove their needs from the TA grant.
Manual sections 0240.010.10 through 0240.010.30, 0240.015.00 through 0240.015.15, 0240.020.00 and 0240.020.05 have been updated to remove reference to automatic hearings.
Manual section 0240.020.00 and section 0240.025.00 through 0240.025.15 have been updated to reflect the changes to the hearing process for drug testing related TANF cases.
Manual sections 0240.020.05.05, 0240.020.10 are obsolete and have been removed.
Hearing rights and due process are always offered to the client. When a hearing is requested prior to the expiration of the Adverse Action Notice (FA-510) and the participant requests to continue receiving benefits at the same level, staff are required to put the participant's TA case in 'HOLD' status on the Action Resolution (ACTRES/FM50) screen. FAMIS processes the participant's disqualification if the case isn't put in 'HOLD' status. Refer to Email Memorandum #41 dated March 23, 2015 for hearing procedures.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.
AC/jkh