8000 ADMINISTRATIVE HEARINGS (TEA)

The purpose of the hearing process is to provide a mechanism by which an applicant may appeal the denial of Transitional Employment Assistance; the failure of the County Office to process the applications within specified time frames; and by which a recipient may appeal any Agency action resulting in the suspension, reduction, discontinuance of assistance or a determination that a protective, vendor, or two party payment should be made or continued. A hearing will not be granted when a change in either State or Federal law requiring automatic grant adjustments occurs unless the recipient is alleging incorrect grant computation.

Requests for a hearing returned to the DCO County Office will be forwarded immediately to the Appeals and Hearings Section. If the applicant or recipient has indicated he wishes the hearing to be held in his home or at a location other than the DCO County Office in the county in which he resides, the Appeals and Hearings Section should be notified of this fact.

When an appeal is received in the Appeals and Hearings Section, the DCO County Office will be notified via memorandum. The memorandum will request that the County File, including a County Statement, be prepared and submitted within seven (7) days from receipt of the memo if the appeal has been filed timely. If the appeal has not been filed timely, the County Office is requested to provide the date of the adverse action notice to the Appeals and Hearings Section via memorandum.

This file will contain that part of the case record which constitutes documentary evidence to support the notice of adverse action on which the client appealed. The file will include copies of the manual notices of adverse action sent, verification obtained which resulted in the adverse action, any relevant correspondence, a copy of the budget (if need is the issue), and any information supplied by the client. If a computer generated notice has been sent, this should be noted in the County File. The file will also include the County Statement which will summarize the basis for the County Office's action. The County Statement, however, is not evidence, so complete documentation will be required in the Hearing File to support the County Statement.

The County Statement (DHS-1203) will contain the issue as stated by the client and a summary of all facts and evidence supporting the County Office's position. All statements should be in simple language. Ambiguous and technical words and phrases will be avoided. Four copies of the DHS-1203 will be prepared. The original will be mailed to the client prior to the date of the hearing, a copy sent to the appropriate DCO Field Manager, Field Operations, a copy included in the County File sent to the Appeals and Hearings Section, and a copy retained in the County File in the DCO County Office.

The client or his representative will be advised in writing by the Appeals and Hearings Section that he/she has 5 days to review the County File in the County Office and notify the Appeals and Hearings Section of any individuals he/she wishes to subpoena.

The DCO County Office must advise the Appeals and Hearings Section at the time the County File is sent of any witnesses it wishes to have subpoenaed to document the adverse action taken by the County Office. The reverse side of the County Statement provides space for the County Office to request subpoenas for witnesses. Department employees will be expected to attend hearings without the requirement of a subpoena. The County Office will be advised by the Appeals and Hearings Section of any witnesses the client has requested to be subpoenaed. The County Office will have five days from receipt of this notice to request subpoenas for rebuttal witnesses.

The Department of Human Services, Office of Chief Counsel, will issue the subpoenas, pursuant to the terms of agreement and authority of Ark. Code Ann. § 20-76-408.

The Appeals and Hearings Section will check very carefully the dates in Section I of the DCO-1 to determine if an appeal has been received within the advance notice period and notify the County Office of this fact. If the appeal is received on the 10th day (fifth day in case of probable fraud), the County Office will be notified by the Appeals and Hearings Section by telephone so that the proposed action will not be taken or the case reopened if closed unless the client specifically requests that action be taken to avoid the risk of an overpayment.

If a subsequent change occurs while the hearing decision is pending which results in adverse action and the client does not appeal such action within the 10 day advance notice period, appropriate action will be taken.

After the time frame has expired for subpoenaing client witnesses and county witnesses, the hearing will be scheduled. This letter advises the client of the time, date, place of the hearing and the name of the hearing officer who will conduct the hearing.

The hearing will normally be held in the DCO County Office in the county in which the client resides. It may be held in another DCO County Office if this is more convenient for the client or his authorized representative. The hearing may be held in the client's home or at any other reasonable location in the county, if so requested.

A group hearing may be conducted on several appeals when the sole issue involved is one of a single agency policy. Group hearings will be conducted by the same policy as that governing individual hearings. Each client will be allowed to present his own case and be represented by his own representative. Each client will be allowed to withdraw from the group hearing in favor of an individual hearing.

If the client fails to appear for the hearing and does not contact the Appeals and Hearings Section prior to the date of the hearing of his or her inability to attend, the appeal will be abandoned. The client is advised of this fact in the scheduling letter.

It is the responsibility of the DCO County Office to designate a County Representative prior to the time of the hearing in all cases except those which involve a disability determination by the Medical Review Team or the Utilization Review Section. The representative should be familiar with the case and able to answer relevant questions asked by the client, client's representative, and/or the hearing officer. The Representative should be prepared to represent the County Office at the exact time the hearing is scheduled because of the stringent time frames under which the Appeals and Hearings Section operates.

In cases that involve a disability determination by the Medical Review Team or Utilization Review Section, the attendance of a County Office Representative is not required. There will be no need for the client to come to the County Office if he has access to a telephone in his home. However, if witnesses are to appear on behalf of the client, the hearing will be held in the County Office. The County Office will be responsible for ensuring that the speaker telephone is operational, and that the client is directed to the room in which the speaker telephone is located and is comfortable.

The County Office may also request legal assistance in preparing for the hearing and also representation at the hearing by contacting the Office of Chief Counsel.

The hearing will be conducted by a hearing officer from the Appeals and Hearings Section of OCC. The hearing officers in Appeals and Hearings are independent hearing officers whose sole function is conducting hearings.

The client may be accompanied by friends or other persons and may be represented by a friend, attorney, or other designated representative. The DCO County Office will be represented by the worker responsible for the case, or by the county DCO Supervisor or his designated representative or an OCC attorney if the request has been made and granted.

The hearing officer may not review the case record or other material either prior to or at the hearing unless such material is made available to both the client or his representative and the agency representative.

The hearing will be conducted in an informal but orderly manner and is recorded. In the event the case is appealed to circuit court, the tape is transcribed for use by the court. The hearing officer will explain the hearing procedure to the client. The DCO County Office Hearing Statement will be read by the DCO County Office representative. The DCO County Office will present its case which includes presenting evidence and questioning of witnesses it has subpoenaed to the hearing. The client will be allowed to cross-examine the County Office's witnesses. The client will then be allowed to present his case. He may do so by himself or with the aid of others. The client or his representative will be given the opportunity to present witnesses, advance arguments, offer additional evidence, and to question or refute any testimony or evidence. The DCO County Office representative will be allowed to cross examine the client's witnesses. If the client is unable to present his evidence in a logical manner, the hearing officer will assist him. Questioning of all parties will be confined to the relevant issues. Other eligibility factors may be addressed when appropriate.

When all relevant information has been obtained, the hearing officer will summarize the issue(s), the evidence, and the agency policy and explain that a decision in the form of a Final Order will be mailed to the client.

The client will also be advised of his right to judicial review in the event of any adverse ruling.

When the appeal involves a disputed medical determination, the client may request an assessment by a medical authority different from the one whose decision is under question. If a different medical assessment is requested or considered necessary by the hearing officer, it will be obtained at agency expense from a source satisfactory to the client. This assessment will be given in writing or by personal testimony and incorporated into the hearing record. The appointment for the medical assessment will be made by the Medical Review Team. The Appeals and Hearings Section will contact the client by letter asking if he/she is willing to have a medical examination. If so, the Medical Review Team will advise the client of the date of the appointment.

If the final agency decision is adverse to the client, he or she has the right to judicial review under the Arkansas Administrative Procedures Act (Ark. Code Ann. § 25-15-20 et. seq.)

A petition must be filed in the circuit court of the county in which the petitioner resides or in the circuit court of Pulaski County within 30 days from the date the petitioner received the Final Order. Copies of the petition are served on the Agency and other parties of record by personal delivery or mail.

Within 30 days from the date of the service of the petition on the Agency or additional time granted by the court, not to exceed 90 days total, the Agency must transmit to the court the original or a certified copy of the entire record of the hearing under review.

The review shall be conducted by the court without jury and will be confined to the record unless a question of irregularity in the procedure before the Agency exists which is not indicated in the record. Testimony may then be taken before the court.