Library: Policy
340:2-5-94. Hearing request
Issued 06-27-02
A hearing request is a written expression by a resource family or authorized representative that the resource family wants to contest a Department of Human Services (DHS) action, or failure to act, through the hearing process. • 1 The request must be written on Form H-4 (new Form 13MP005E), Resource Family Request for Fair Hearing, and signed by the resource family or authorized representative. • 2
1.When a resource family or authorized representative indicates the desire to have a hearing in any manner other than by signed writing, the Department of Human Services (DHS) employee:
(1) to whom this desire is made known informs the resource family or authorized representative of the requirement that the hearing request be made on Form H-4 (new Form 13MP005E), Resource Family Request for Fair Hearing, and signed by the resource family or authorized representative; and
(2) offers any assistance necessary for the resource family or authorized representative to make a proper hearing request.
2.When a resource family or authorized representative indicates that a hearing is desired, local office responsibilities are set forth in this Instruction.
(1) Form H-4 (new Form 13MP005E).
(A) Each resource family or authorized representative who makes a hearing request is required to complete Form H-4 (new Form 13MP005E).
(B) If the resource family or authorized representative completes and returns Form H-4 (new Form 13MP005E), regardless of when the form is returned, the local office sends the completed form to the Appeals Unit.If the original hearing request was made in writing, the local office attaches the original written request to Form H-4 (new Form 13MP005E).
(C) A facsimile of a signed request for a hearing is considered the same as the original.
(D) The office in which Form H-4 (new Form 13MP005E), is completed is responsible for sending it to the Appeals Unit not later than the first working day following receipt.
(2) Explanations.At the time a hearing request is made, the local office explains to the resource family or authorized representative that:
(A) the request for hearing is sent to the Appeals Unit and a letter is sent from that office regarding the date, time, and place of the hearing;
(B) the right to be represented by legal counsel if desired, but that DHS does not provide, or pay for, legal representation.If free legal services are available in the community, this is explained, and a list is given to the resource family;
(C) the resource family, authorized representative, or both, has access to the following at a reasonable time before the date of the hearing:
(i) all documents to be introduced by DHS at the hearing; and
(ii) the resource family file, except for confidential documents and reference information;
(D) the resource family can request the administrative hearing officer (AHO) require that:
(i) individual DHS employees be present at the hearing; and
(ii) DHS produce specific records at the hearing;
(E) after receipt of the notification that the hearing has been scheduled, the resource family will receive a copy of Form H-1-A(new Form 13MP002E), Hearing Summary, and documents that will be presented at the hearing;
(F) the testimony is given by the resource family, witnesses, and DHS and is taken by an AHO, who records the proceedings;
(G) an opportunity is given at the time of the hearing to give all relevant evidence on the points at issue that the resource family believes necessary and that the evidence can be presented by anyone he or she desires; and
(H) the resource family will receive the written decision of the AHO.
