Current through Vol. 42, No. 1, September 16, 2024
(a)
Hearing issue. The issue
determined through the hearing process is whether the Oklahoma Department of
Human Services (DHS) acted correctly in taking the action, or failed to act,
which is the subject of the client's request for hearing.
(b)
Standard of review. The
administrative hearing officer (AHO) determines the relevant facts and applies
the law to those facts. No presumptions are made for or against DHS concerning
the validity of the factual or legal basis for the action, or inaction, which
is the subject matter of the hearing.
(c)
Standard of proof.
(1) The standard of proof necessary to prove
a fact is governed by state and federal law and regulations applicable to the
subject matter of the hearing.
(2)
If such law and regulations are silent, the standard of proof is a
preponderance of the evidence. A preponderance of the evidence is evidence
that, in light of the record as a whole, leads the AHO to believe a fact is
more likely true than not true.
(d)
Burden of proof.
(1) The burden of proof is governed by state
and federal law and regulations applicable to the subject matter of the
hearing.
(2) When such law and
regulations are silent, the party seeking to alter the status quo has the
burden of proof.
(3) Examples of
the burden of proof are shown in (A) and (B) of this paragraph.
(A) The burden of proof is on a client to
show that:
(i) the applicant is eligible for
Temporary Assistance for Needy Families (TANF), medical assistance,
Supplemental Nutrition Assistance Program (SNAP), other DHS benefit programs,
or the amount of benefits the applicant receives;
(ii) when seeking recertification for
benefits, the recipient remains eligible for TANF, medical assistance, SNAP, or
other DHS benefit programs; or
(iii) an applicant is eligible for services
through Developmental Disabilities Services (DDS).
(B) The burden of proof is on DHS to show
that:
(i) during a period of certification,
the recipient's TANF, medical assistance, SNAP, or other DHS program benefits
should be reduced or terminated; or
(ii) during a DDS plan of care, services
should be reduced or terminated.
Added at 19 Ok Reg
2199, eff 6-27-02
