340:2-5-95. Appeals Unit action following receipt of a hearing request
(a) Upon receipt of a hearing request, the Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO) who determines if:
- (1) the hearing request was made timely. A hearing request is considered timely if the hearing request was in writing, signed by the resource family or authorized representative, and received by the Department of Human Services (DHS) within 30 days of the action, or failure to act, which is being appealed; and •1
- (2) the appeal relates to an appealable issue. Issues on which an appeal can be granted are described at OAC 340:2-5-91.
(b) If a hearing request is both timely and relates to an appealable issue, the Appeals Unit mails the notice of hearing to the resource family. Copies of this notification are sent to the local office or State Office, as appropriate, and the authorized representative, if any. •2
1.If the administrative hearing officer (AHO) determines that the hearing request was not made timely, the AHO notifies the resource family and authorized representative that the hearing request is dismissed.This notice includes a statement of any appeal rights.
(1) The notification is mailed not less than ten days before the hearing, unless waived by the resource family.
(2) The notice of hearing to the resource family contains:
(A) the name of the AHO who will conduct the hearing;
(B) the date, time, and place of the hearing;
(C) a request for the individual to have ready at the time of the hearing any evidence he or she wishes to present;
(D) a statement regarding the individual's right to have other persons attend the hearing to give testimony;
(E) a statement that the resource family, authorized representative, or both, have access at a reasonable time before the date of the hearing, as well as during the hearing to:
(i) all documents to be introduced by the Department of Human Services (DHS) at the hearing; and
(ii) the resource family file;
(F) a statement that failure to appear at the scheduled hearing without good cause will result in dismissal of the hearing request; and
(G) an explanation of how to request a continuance.
(3) When more than one resource family requests a hearing solely on the basis of DHS policy, the AHO may schedule a single group hearing.When a single group hearing is scheduled on such an issue, all policies and procedures governing resource family hearings are followed and each resource family is permitted to present his or her own case.In such a situation, each individual has the right to withdraw from the group hearing in favor of an individual hearing if so desired.