Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-3-15 - APPEALS AND HEARINGS
Section 660-3-15-.02 - Hearing Requests
Universal Citation: AL Admin Code R 660-3-15-.02
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Basis for Request
(a) A request for a hearing may
be made by the applicant/recipient, or non-custodial parent, putative parent,
or any other person directly affected by actions of
the agency, or by someone acting in their behalf. The request may be made when:
1. Application for non-TANF services is
denied; or
2. (S)He is dissatisfied
with the kind of services being provided, or actions taken, or with any other
matter pertaining to those services or actions.
(2) Time Period for Filing Request for Hearing
(a) A request for a hearing must be
filed in writing within 30 days following the action (or inaction) with which
he is dissatisfied or 30 days following the claimant's learning of said action
except for a request for a hearing in State and Federal tax offset cases. A
request for a hearing on a pre-tax offset must be postmarked within 30 days
after the date on the Decision Regarding Administrative Review in order to
qualify for a hearing. A request for a hearing on a post-tax offset must be
received within 30 days of the mailing date on the notice from the State
Department of Revenue or from the Federal Department of Treasury.
(3) Format of Request for a Hearing
(a) Any clear written statement to
the State Department or the County Department that the claimant wants an
opportunity to present his case to a higher authority will be accepted as a
formal request for a hearing, provided it is determined by the State Department
that the request is within the 30-day time limitation for acceptance of
appeals, and the determination is made that the claimant has a valid basis for
appeal.
(b) The request must
provide specific information about the basis for and the date of the
dissatisfaction. If the appeal is filed by someone other than the claimant,
i.e., his legal guardian or legal representative; in a TANF case the grantee
relative; or a lawyer of his choice, there must be a definite statement by the
person making the appeal that it is being made upon authorization of the
applicant/recipient.
(c) If the
appeal is filed by someone other than the claimant, i.e., his legal guardian or
legal representative; in a TANF case the grantee relative; or a lawyer of his
choice, there must be a definite statement by the person making the appeal that
it is being made upon authorization of the applicant/recipient.
Author: Clifford Smith
Statutory Authority:42 U.S.C. 651-665; 45 C.F.R. 205-232, 301-306 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, §§ 30-4-80 through -98, 38-2-6, 38-4-5 through -6, 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through -27.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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