Library: Policy

340:2-5-72. Hearing issue, standard of review, and burden of proof

Revised 9-15-14

(a) Hearing issue.  The issue determined through the hearing process is whether the Oklahoma Department of Human Services (DHS) acted correctly in taking the action, or failed to act, which is the subject of the client's request for hearing. 

(b) Standard of review.  The administrative hearing officer (AHO) determines the relevant facts and applies the law to those facts.  No presumptions are made for or against DHS concerning the validity of the factual or legal basis for the action, or inaction, which is the subject matter of the hearing.

(c) Standard of proof. 

• (1) The standard of proof necessary to prove a fact is governed by state and federal law and regulations applicable to the subject matter of the hearing. 

• (2) If such law and regulations are silent, the standard of proof is a preponderance of the evidence.  A preponderance of the evidence is evidence that, in light of the record as a whole, leads the AHO to believe a fact is more likely true than not true.

(d) Burden of proof.

• (1) The burden of proof is governed by state and federal law and regulations applicable to the subject matter of the hearing. 

• (2) When such law and regulations are silent, the party seeking to alter the status quo has the burden of proof. 

• (3) Examples of the burden of proof are shown in (A) and (B) of this paragraph.

  • (A) The burden of proof is on a client to show that:

    • (i) the applicant is eligible for Temporary Assistance for Needy Families (TANF), medical assistance, Supplemental Nutrition Assistance Program (SNAP), other DHS benefit programs, or the amount of benefits the applicant receives;

    • (ii) when seeking recertification for benefits, the recipient remains eligible for TANF, medical assistance, SNAP, or other DHS benefit programs; or

    • (iii) an applicant is eligible for services through Developmental Disabilities Services (DDS).

  • (B) The burden of proof is on DHS to show that:

    • (i) during a period of certification, the recipient's TANF, medical assistance, SNAP, or other DHS program benefits should be reduced or terminated; or

    • (ii) during a DDS plan of care, services should be reduced or terminated.