Library: Policy

340:2-5-70. Hearing continuance, withdrawal, and dismissal

Revised 9-15-14

(a) Continuance of hearing.

• (1) At any point after setting a case for hearing, the administrative hearing officer (AHO) may determine additional evidence is needed before a final decision can be made.  If so, the AHO may continue the hearing and direct the parties to take whatever action the AHO deems necessary.  The AHO may set time limits for the actions.

• (2) If the AHO is informed in advance of a hearing that the client, authorized representative, or local office representative cannot participate in the hearing at the scheduled time, the AHO continues the hearing when good cause exists for the person's absence.  The AHO may require whatever proof of good cause that is deemed necessary. 

• (3) Clients who are appealing an action in the Supplemental Nutrition Assistance Program are entitled to one hearing continuance of up to 30 days, for which good cause need not be shown.

(b) Withdrawal of request for hearing.  A client or authorized representative may withdraw a hearing request only by a signed writing.  • 1   Any other indication of a desire to withdraw a hearing request is insufficient.  • 2

(c) Dismissal of hearing request.  The AHO may dismiss a hearing request when, in the AHO's judgment: 

• (1) the Oklahoma Department of Human Services (DHS), by written notice, withdraws the action appealed and restores the client's status which existed before the action appealed was taken.  Continuation of benefits because a hearing request has been made does not constitute restoration of the client's status;

• (2) DHS implements action and issues a notice to correct a DHS error that resulted in the appeal; or

• (3) there are circumstances that indicate it is impossible to hold the hearing, such as the death of a client. 

INSTRUCTIONS TO STAFF 340:2-5-70

Revised 9-15-14

1.When a local office receives a written statement signed by the client or authorized representative that the client wants to withdraw the hearing request, the local office:

(1) completes the local office portion of Form 13MP004E, Withdrawal of Request for Hearing;

(2) attaches the signed hearing withdrawal to Form 13MP004E; and

(3) mails both to the Appeals Unit.

2.When a client or authorized representative wants to withdraw a hearing request in any manner other than by signed writing, the Oklahoma Department of Human Services (DHS) employee:

(1) to whom this request is made known, informs the client or authorized representative of the requirement that withdrawal of a hearing request may only be made in writing, and signed by the client or authorized representative;

(2) offers any assistance necessary for the client or authorized representative to properly withdraw the hearing request; and

(3) offers the client or authorized representative Form 13MP004E.