Library: Policy

340:2-5-67. Appeals Unit action following hearing request receipt

Revised 9-15-14

(a) Upon hearing request receipt in the Appeals Unit, a hearing number is assigned.

(b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO).

(1) A hearing request is considered timely:
- (A) in the Supplemental Nutrition Assistance Program (SNAP), when the client or authorized representative indicates, in any way, the desire to have a hearing within 90 days of the action, or failure to act that is being appealed;
- (B) in all other cases:
  - (i) if the initial indication that the client wants a hearing is in writing, signed by the client or authorized representative, if the writing was received by the Oklahoma Department of Human Services (DHS) within 30 days of the action, or failure to act being appealed; or
  - (ii) if the initial indication that the client wants a hearing other than in writing, signed by the client or authorized representative:
    - (I) the indication to DHS was made to DHS within 30 days of the action, or failure to act, which is being appealed; and
    - (II) DHS receives a written hearing request, signed by the client or authorized representative within the later of 10 days from the date of the initial indication that the client wanted a hearing, or 30 days of the action, or failure to act being appealed.
(2) When the AHO or Appeals Unit supervisor determines the hearing request was not timely made, the AHO notifies the client and authorized representative that the hearing request is dismissed. This notice includes a statement of appeal rights.

(d) When a hearing request was timely made, the AHO determines whether the request relates to an appealable issue. • 1

(e) When a hearing request is both timely and relates to an appealable issue, paragraph (1) or (2) of this subsection apply.

(1) When the client appeal relates to a delay in decision, or a delay in acting on a case change, the evidence is reviewed by an AHO.
- (A) If the available information clearly shows there has been a delay, the AHO issues a decision, without holding a hearing.
- (B) If the available information does not clearly show there has been a delay, the AHO schedules a hearing to determine whether there has been a delay.
(2) When the request for hearing does not involve delay, the Appeals Unit mails a notice of hearing to the client. Copies of this notification are sent to the local office, appropriate supervisory staff, and the authorized representative, if any. • 2 The notification is mailed prior to the date of hearing not less than:
- (A) 10 days for SNAP appeals, unless waived by the client; and
- (B) eight days in all other cases, unless waived by the client.

INSTRUCTIONS TO STAFF 340:2-5-67

Revised 9-15-14

1.Issues on which an appeal can be granted are described per Oklahoma Administrative Code (OAC) 340:2-5-61.When changes in either state or federal law require automatic adjustment affecting all, or most, cases in any category, appeal is available only when there is an error in computation.

2.The notice of hearing to the client contains:

(1) the name of the AHO who will conduct the hearing;

(2) the date, time, and place of the hearing;

(3) a request for the individual to have ready at the time of the hearing any evidence he or she wishes to present;

(4) a statement regarding the individual's right to have other persons attend the hearing to give testimony;

(5) a statement that the client or authorized representative, may request the AHO require the presence at the hearing of:

(A) particular DHS employees;

(B) DHS records; or

(C) other DHS evidence;

(6) a statement that the client, authorized representative, or both, has access to the case file, except for confidential documents;

(7) a statement that failure to appear at the scheduled hearing without good cause will result in dismissal of the hearing request;

(8) an explanation of how consideration of good cause can be requested; and

(9) an invitation for the individual to raise any questions with the local office.