Library: Policy
340:2-5-117. Hearing continuance, withdrawal, and dismissal
Revised 9-15-16
(a) Continuance of hearing.
(1) Additional evidence.At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made.If so, the AHO may continue the hearing and direct the parties to submit any additional evidence deemed necessary.The AHO may set time limits for the submission.
(2) Scheduling.If the AHO is informed, in advance of a hearing, that the appealing party or the Oklahoma Department of Human Services needs a continuance, the AHO continues the hearing when good cause is shown.
(b) Withdrawal of request for hearing.An appealing party may withdraw a hearing request in writing, signed by the appealing party. • 1
(c) Dismissal of hearing request.When the appealing party fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear at the appointed time, the AHO issues a letter of decision.The letter advises the appealing party that the request for the hearing has been dismissed and Child Care Services will take action to implement the decision.
Revised 9-15-16
1.When an appealing party indicates the intent to withdraw a hearing request in any manner other than by signed writing, the Oklahoma Department of Human Services employee to whom this intent is made known:
(1) informs the appealing party of the requirement that withdrawal of a hearing request is made in writing, signed by the appealing party;
(2) offers Form 13MP004E, Withdrawal of Request for Hearing; and
(3) offers any assistance necessary for the appealing party to properly withdraw the hearing request.
