358-4.2 Pre-hearing responsibilities.
(a) When requested, the social services agency must provide assistance
to applicants and recipients in making a request for a fair hearing.
(b) (1) Upon notification by OAH that a fair hearing
has been requested and that the appellant's public assistance, medical assistance, food
stamp benefits, or services must be continued or reinstated in accordance with section
358-3.6 of this Part until the fair hearing decision is issued, the social services
agency, except as provided in subdivision 358-3.6(b) and paragraph 358-3.6(c)(6) of this
Part, must take immediate action to assure that the appellant's public assistance, medical
assistance, food stamp benefits and services continue unchanged until the fair hearing
decision is issued.
(2) Upon receipt of such notification, if
public assistance, medical assistance, food stamp benefits or services already have been
discontinued, reduced, restricted or suspended, the social services agency must take
whatever action is necessary to restore the appellant's public assistance, medical
assistance, food stamp benefits or services to their previous level. Such action must be
taken as soon as possible but no later than five business days from notification that
appellant's public assistance, medical assistance food stamp benefits or services must
continue or be reinstated.
(c) Upon oral or written request, including request by telephone, the
social services agency must provide to the appellant and the appellant's authorized
representative copies of the documents to be presented at the fair hearing. Such copies
must be provided at a reasonable time before the date of the hearing. If the request for
copies of documents is made less than five business days before the hearing, the social
services agency must provide the appellant and the appellant's authorized representative
such copies no later than at the time of the hearing. Such documents must be provided
without charge and must be provided to the appellant and the appellant's authorized
representative by mail within a reasonable time from the date of the request if the
appellant or the appellant's authorized representative request that such documents be
mailed; provided however, if there is insufficient time for such documents to be mailed
and received before the scheduled date of the hearing such documents may be presented at
the hearing instead of being mailed.
(d) Upon oral or written request, including request by telephone, the
social services agency must provide to the appellant and the appellant's authorized
representative copies of any documents from appellant's case file which the appellant or
the appellant's authorized representative identifies and requests for purposes of hearing
preparation. Such copies must be provided at a reasonable time before the date of the
hearing. If the request for copies of documents is made less than five business days
before the hearing, the social services agency must provide the appellant and the
appellant's authorized representative such copies no later than at the time of the
hearing. Such documents must be provided without charge and must be provided to the
appellant and the appellant's authorized representative by mail within a reasonable time
from the date of the request if the appellant or the appellant's authorized representative
request that such documents be mailed; provided however, if there is insufficient time for
such documents to be mailed and received before the scheduled date of the hearing such
documents may be presented at the hearing instead of being mailed.
(e) The social services agency must encourage the use of agency
conferences to settle disputes and complaints concerning actions regarding an applicant's
or recipient's public assistance, medical assistance, food stamp benefits, request
for an exemption from work requirements, HEAP benefits or services so as to eliminate the
need to hold fair hearings wherever the dispute can be resolved by scrutiny of documents
and/or thorough investigation.
(f) The social services agency must hold agency conferences when such
conference is requested as provided for in section 358-3.8 of this Part. The conference
may not be used to inhibit the appellant's right to a fair hearing. Agency conferences
must be scheduled before the date of the fair hearing. If the appellant is contesting a
denial of expedited participation in the Food Stamp Program, the conference must be
scheduled within two business days of the conference request, unless the appellant
requests a later date.
(g) The social services agency must bring the necessary information and
documentation to any agency conference, including a telephone conference, to explain the
reason for the agency determination and to provide a meaningful opportunity to resolve the
problem.
(h) Except for telephone agency conferences approved pursuant to
subdivision (i) of this section, a representative of the social services agency must
appear with the case record at the agency conference. Such representative must have
reviewed the case and must have the authority to make binding decisions on behalf of the
social services agency, including the authority to withdraw the intended action.
(i) Social services agencies may provide telephone conferences upon
prior approval of the Office of Administrative Hearings of OAH. The OAH may approve such
requests in its discretion, where holding an in-person conference is not feasible.
(j) The social services agency must send copies of all correspondence
relating to the conference and fair hearing to the authorized representative of the
appellant.