A Scheduling and Notice of Hearing

Policy

When an appeal request is filed on time for an action that can be appealed, a hearing is scheduled and a notice sent to the customer that filed the appeal. 

The notice includes the:

·         Hearing date;

·         Issue to be addressed;

·         Legal authorities; and

·         Hearing rights.

The customer or the agency may ask for a continuance.  The request must be made in writing to the Office of Administrative Hearings (OAH) or the Office of Appeals (OOA).  The other may accept or reject the request for a continuance, but when a party rejects a request for continuance the ALJ makes the final decision.

The ALJ may grant a continuance request when:

·         There is good cause for the postponement; or

·         The reason for the request is beyond the control of either party.

Definitions

Agency Responsibilities

The responsibilities of the agency processing the hearing and the appeals office include

·         Scheduling the hearing and notifying the customer;

NOTE      The notice of hearing is sent 20 to 30 days before the scheduled hearing date to give the customer time to prepare for the hearing unless the customer has been approved for an expedited appeal.

·         Providing an interpreter and reasonable accommodations, upon request; and

·         Preparing a hearing packet.

Customer Rights

The customer has the right to:

·         Review and get a copy of any part of the case file needed to present the case that is not protected by law from being released;

·         Review all documents the State agency will use at the hearing;

·  Bring legal counsel, a relative, friend, other spokesperson or witness to the hearing;

NOTE          Except for legal counsel, anyone representing the customer or serving as a spokesperson or witness for the customer cannot be a paid representative or anyone else being paid to attend the hearing.

·         Present all related facts and circumstances;

·         Present an argument without unnecessary interference;

·         Question or contradict any testimony or evidence.  This includes an opportunity to confront or cross-examine witnesses;

·         Ask the agency to furnish an interpreter; and

·         Ask the agency to make an accommodation for special needs.

Timeframes

The timeframe for scheduling and holding the hearing must allow for a hearing decision to be made within 90 days from the date of the hearing request unless:

The customer requests and is granted an expedited appeal; or

A continuance is requested and granted. 

When an expedited appeal request is granted, the hearing must be scheduled and held so that an appeal decision can be made within 7 days from the date of the expedited appeal request.

When a continuance is granted, a decision must be made within 120 days from the date of the appeal request.

The following table shows the usual timeframes for scheduling and holding the hearing by agency. 

Programs and Legal Authorities

This requirement applies to the following programs: