COMMENT DUE DATE:
April 6, 2010
DATE:
March 11, 2010
Travis Smith Legal (405) 521-3638
Dena Thayer PMU (405) 521-4326
Pat McCracken PMU (405) 522-1017
RE:
APA WF 10-06
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 7. Assistance Programs
OAC 340:2-5-79 [AMENDED]
(Reference APA WF 10-06)
SUMMARY:The proposed revisions to Subchapter 5 of Chapter 2 allow fair hearings to be conducted by telephone.The purpose is to reduce the funds and time spent on travel by administrative hearing officers (AHO)s and other Oklahoma Department of Human Services (OKDHS) employees in the hearing process.
340:2-5-79 is amended to allow the Appeals Unit supervisor or assigned AHO to designate individual fair hearings be conducted by the AHO by telephone.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested as OKDHS finds compelling public interest to keep OKDHS expenditures within funds allocated to the agency.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Section168 of Title 56 of the Oklahoma Statutes.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Charles Waters, General Counsel
Legal Division
Date:March 5, 2010
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 7. Assistance Programs
OAC 340:2-5-79 [AMENDED]
(Reference APA WF 10-06)
Contact:Travis Smith, 405-521-3638
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 5 of Chapter 2 allow fair hearings to be conducted by telephone.The purpose is to reduce the funds and time spent on travel by administrative hearing officers (AHO)s and other Oklahoma Department of Human Services (OKDHS) employees in the hearing process.
Strategic Plan impact.The proposed rules achieve OKDHS goals by helping the agency keep expenditures within appropriated levels.
Substantive changes.
340:2-5-79 is amended to allow the Appeals Unit supervisor or assigned AHO to designate individual fair hearings be conducted by the AHO by telephone.
Reasons.The proposed revisions reduce the funds and time spent on travel by AHOs and other OKDHS employees in the hearing process.
Repercussions. The proposed rules will save time and expense for AHOs and other OKDHS employees by eliminating travel to county offices for fair hearings.If the proposed revisions are not implemented, more funds will be expended than are necessary.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Section168 of Title 56 of the Oklahoma Statutes.
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds compelling public interest to keep OKDHS expenditures within funds allocated to the agency.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The class of persons most likely to be affected by the proposed rules are OKDHS clients who have requested a fair hearing.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:None.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $100.The revised rules will result in savings of an estimated $15,000 per year.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: None.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:None.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared March 5, 2010. Modified March 11, 2010.
SUBCHAPTER 5. FAIR HEARINGS
PART 7. ASSISTANCE PROGRAMS
340:2-5-79. Telephonic hearings
Issued 06-27-02 Revised ______
(a) Telephonic hearings. The provision for telephonic hearings is to make the administrative hearing system more accessible to clients and to facilitate prompt action on hearing requests and decisions.In-person hearings are preferred and telephone hearings are conducted only when:
(1) The Appeals Unit supervisor or the administrative hearing officer (AHO) finds that the client: may designate a hearing be conducted by the AHO by telephone.
(A) is not able to participate in an in-person hearing; and
(B) agrees to a telephonic hearing; and
(2) due to unusual circumstances, in the judgment of the Appeals Unit supervisor, there is not an AHO available to conduct an in-person hearing in the county in which the client lives. When a hearing is conducted by an AHO in-person, the AHO may allow a witness, including the client or an Oklahoma Department of Human Services (OKDHS) employee, to testify by telephone, if the AHO determines:
(A) the person's testimony is needed and he or she is unable to testify in person; or
(B) requiring in-person testimony would be burdensome.
(b) Procedures relating to telephonic hearings.
(1) All procedures, forms, and policies regarding administrative hearings apply to telephonic hearings, unless otherwise specified by the AHO.
(2) The notice of hearing includes instructions to the parties regarding:
(A) the submission of exhibits.;¢ 1
(B) the location of the client and OKDHS employee during the hearing; and
(C) any other instructions regarding pre-hearing and hearing procedures or requirements.
(c) AHO responsibility authority.The AHO may determine where all the persons involved in the hearing will be during the hearing.When appropriate, either the client or the AHO may be present at the local Department of Human Services (DHS) office for the hearing has the authority to issue directions regarding any aspect of a hearing conducted by telephone, even if different than directions and procedures included in other subsections of this Section, if necessary to ensure that the hearing process is fair to the client and OKDHS.
INSTRUCTIONS TO STAFF
1.The notice of hearing is mailed at least 14 days prior to the hearing date.Form H-1-A, Hearing Summary, is prepared in triplicate.The original is mailed to the Appeals Unit upon receipt of the hearing notice. One copy is mailed to the client and one copy is kept by the social services specialist for incorporation into the local office record.
