Library: Policy
340:2-5-98. Hearing continuance, withdrawal, and dismissal
Issued 06-27-02
(a) Continuance of hearing.
- (1) Additional evidence. At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to submit any additional evidence the AHO deems necessary. The AHO may set time limits for the submission.
- (2) Scheduling. If the AHO is informed, in advance of a hearing, that the resource family, authorized representative, or Department of Human Services (DHS) needs a continuance, the AHO continues the hearing if good cause is shown.
(b) Withdrawal of request for hearing. A resource family or authorized representative may withdraw a hearing request in writing, signed by the resource family or authorized representative. • 1
(c) Dismissal of hearing request. If the resource family or authorized representative fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear, the AHO issues a letter of decision dismissing the request for hearing.
1.When a resource family or authorized representative indicates the desire to withdraw a hearing request in any manner other than by signed writing, the Department of Human Services (DHS) employee to whom this desire is made known informs the resource family or authorized representative of the requirement that withdrawal of a hearing request is made in writing.The employee also offers Form H-3 (new Form 13MP004E), Withdrawal of Hearing Request, and any assistance needed to complete the form.
