81. General authority of the appeals unit supervisor and administrative hearing officer

340:2-5-81. General authority of the appeals unit supervisor and administrative hearing officer

Issued 9-15-14

(a) An administrative hearing officer (AHO) has the authority to:

(1) alter any requirement or procedure set forth in Oklahoma Administrative Code (OAC) 340:2-5-60 through 340:2-5-80 when necessary to provide due process to a client or give the client and the Oklahoma Department of Human Services (DHS) an adequate opportunity to present evidence and argument regarding issues relevant to the action being appealed. However, the AHO may not take an action that violates state or federal constitutions, statutes, or regulations;
(2) take appropriate action regarding any situation not addressed in OAC 340:2-5-60 through 340:2-5-80; and
(3) take any action necessary to provide a fair process for resolution of an appeal. However, the AHO may not take an action that violates the state or federal constitutions, statutes, or regulations.

(b) The appeals unit supervisor has the authority to:

(1) in case of absence or unavailability of the assigned AHO, make decisions regarding administrative issues in a case including, but not limited to, the granting of a request for continuance of a hearing or the determination of timeliness of a hearing request; and
(2) make any decision necessary to provide a fair process for resolution of an appeal. This may include the direction of an AHO to take, or not take, a specific action. However, the appeals unit supervisor may not take an action that violates state or federal constitutions, statutes, or regulations.

(c) The appeals unit supervisor may not direct the AHO to take, or not take, action regarding the merits of a case.

Library: Policy