Current through Vol. 42, No. 1, September 16, 2024
For any of the programs within this Part, at the time a
client or authorized representative indicates that the client wants an
administrative hearing, the local office must explain the information listed in
(1) - (4) of this Section to the client or authorized representative.
(1) If the issue involves a proposed closure
or reduction of State Supplemental Payment, Temporary Assistance for Needy
Families (TANF), social services, medical assistance, Child Care Subsidy, or
food benefits, known in Oklahoma as Supplemental Nutrition Assistance Program
(SNAP), the client or authorized representative is advised:
(A) of the option of having benefits
continued pending outcome of the hearing if, within 10 days of the notice being
appealed, the client or authorized representative submits a written request for
a hearing which is signed by the client or authorized representative;
(B) if he or she fails to indicate a
preference in a written request for hearing made within 10 days following
mailing of the notice, benefits are continued during the hearing process and if
the hearing is not decided in his or her favor, a claim is made against him or
her for all benefits received pending the hearing decision;
(C) if benefits are continued during the
appeals process and the hearing is not decided in his or her favor, a claim is
made against him or her for all benefits received pending the hearing decision;
and
(D) if the client elects to not
continue benefits during the pendency of the appeal, if the appeal is decided
in his or her favor, the local office authorizes supplemental payment(s) for
the period of time covered during the appeal.
(2) If the issue concerns a SNAP case, the
household or authorized representative is advised:
(A) if necessary, he or she is entitled to
receive a postponement of a scheduled hearing. The household is advised the
postponement will not exceed 30 days and the time limit for action on the
decision will be extended for as many days as the hearing is postponed;
and
(B) if the client, such as a
migrant farm worker, plans to move from the state before the end of the 60 days
in which a hearing decision must be made, that processing of the hearing will
be expedited in order that a decision may be rendered before he or she leaves
the state.
(3) When a
hearing is requested on a medical decision made by the Oklahoma Department of
Human Services (DHS), the client or authorized representative is advised:
(A) of the right to introduce as evidence at
the hearing the report of any examination he or she may have obtained, provided
that the records are signed by the health care provider; and
(B) when the hearing involves medical issues
, such as those concerning a diagnosis, if the administrative hearing officer
(AHO) considers it necessary, DHS will obtain at the expense of DHS :
(i) an examining physician's
report;
(ii) a medical review
team's decision; or
(iii) a medical
assessment other than that of the person or persons involved in making the
original decision.
(4) In every case, the local office advises
the client or authorized representative:
(A)
that the request for hearing will be sent to the Appeals Unit and a letter will
be sent from that office regarding the date, time, and place of the
hearing;
(B) of the right to be
represented by legal counsel if desired, but that DHS does not provide, or pay
for, legal representation. ;
(C)
that the client, authorized representative, or both, has access to the
following at a reasonable time before the date of the hearing, as well as
during the hearing:
(i) all documents to be
introduced at the hearing by DHS ; and
(ii) the case file, except for confidential
documents;
(D) that the
client may ask the AHO to require :
(i)
individual DHS employees be present at the hearing; and
(ii) DHS produce specific records at the
hearing;
(E) that before
the hearing , the client will receive a copy of the hearing summary, documents,
and records the local office will present at the hearing;
(F) that transportation equivalent to the
rate for public transportation is paid for the client and witnesses, if any,
when essential for attendance at the hearing;
(G) that the testimony given by the client,
witnesses, and the local office is taken by an AHO, who records the
proceedings;
(H) that an
opportunity is given at the time of the hearing to give all the evidence on the
points at issue the client believes necessary and the evidence can be presented
by anyone he or she desires;
(I)
that if the client needs help in understanding how to present evidence,
explanation is given regarding some of the ways in which this may be done, such
as presenting evidence orally, in writing, or by having anyone the client
chooses present the evidence for him or her; and
(J) that the client will receive the written
decision of the AHO.
Added at 19 Ok Reg
2199, eff 6-27-02
