Library: Policy

1.Supplemental Nutrition Assistance Program (SNAP).

(1) When a client or authorized representative makes a hearing request, the local office:

(A) completes the local office portion of Oklahoma Department of Human Services (DHS) Form 13MP001E, Request for a Fair Hearing;

(B) provides the client or authorized representative with Form 13MP001E, either by mail or in person;

(C) requests the client portion of Form 13MP001E be completed;

(D) offers assistance in completing Form 13MP001E; and

(E) requests that the Form 13MP001E be returned to the local office within 10 days.

(2) If Form 13MP001E is returned within 10 days, the local office sends the completed form to the Appeals Unit with an attached copy of:

(A) the notice being appealed, if any; and

(B) any written document, including a fax or printed email, other than Form 13MP001E, in which the client or authorized representative indicated the client wants an administrative hearing.

(3) If Form 13MP001E is not returned within 10 days, the local office sends a copy of the form, with the local office portion completed, to the Appeals Unit along with:

(A) a memo describing the:

(i) date and manner in which the hearing request was made;

(ii) reason for the hearing request;

(iii) date and manner in which Form 13MP001E was provided to the client or authorized representative; and

(iv) response of the client or authorized representative, if any, following the receipt of Form 13MP001E;

(B) a copy of the notice being appealed, if any; and

(C) any written document, including a fax or printed email, other than Form 13MP001E, in which the client or authorized representative indicated that the client wants an administrative hearing.

2.All cases except SNAP.

(1) When the client or authorized representative has indicated in writing, signed by the client or authorized representative, that the client wants a hearing:

(A) the local office:

(i) offers Form 13MP001E to the client or authorized representative;

(ii) completes the local office portion of Form 13MP001E;

(iii) provides the client or authorized representative with Form 13MP001E, either by mail or in person;

(iv) requests the client portion of Form 13MP001E be completed;

(v) offers assistance in completing Form 13MP001E; and

(vi) requests that the Form 13MP001E be returned to the local office within 10 days;

(B) if Form 13MP001E is returned within 10 days, the local office sends to the Appeals Unit:

(i) the completed Form 13MP001E;

(ii) a copy of the notice being appealed, if any; and

(iii) any faxed or printed email, or other written document, other than Form 13MP001E, in which the client or authorized representative indicated that the client wants an administrative hearing; and

(C) if Form 13MP001E is not returned within 10 days, the local office sends to the Appeals Unit:

(i) a copy of the notice being appealed, if any; and

(ii) any faxed or printed email, or other written document, other than Form 13MP001E, in which the client or authorized representative indicated that the client wants an administrative hearing.

(2) If the client or authorized representative has indicated the client wants a hearing in any manner other than in writing, signed by the client or authorized representative, the local office:

(A) informs the client or authorized representative that the client is not considered to have requested a hearing unless the hearing request is made in writing and signed by the client or authorized representative and is received by the Oklahoma Department of Human Services (DHS) within 30 days of the notice being appealed;

(B) offers Form 13MP001E to the client or authorized representative and:

(i) completes the local office portion of Form 13MP001E;

(ii) provides the client, or authorized representative, with Form 13MP001E, either by mail or in person;

(iii) requests the client portion of Form 13MP001E be completed;

(iv) offers assistance in completing Form 13MP001E; and

(v) requests Form 13MP001E be returned to the local office within 30 days of the date of the notice; and

(C) if Form 13MP001E is returned at any time, sends the completed form to the Appeals Unit with a copy attached of:

(i) the notice being appealed, if any;

(ii) a written document, including a fax or printed email, other than Form 13MP001E, in which the client or authorized representative indicated that the client wants an administrative hearing; and

(iii) if Form 13MP001E is returned beyond the time described in (a) of this Instruction a memo describing the:

(I) date and manner in which the client or authorized representative indicated the client wanted a hearing;

(II) reason for the hearing request;

(III) date and manner in which Form 13MP001E was provided to the client or authorized representative; and

(IV) response of the client or authorized representative, if any, following receipt of 13MP001E.