Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 7 - ASSISTANCE PROGRAMS
Section 340:2-5-76 - Hearing decision
Universal Citation: OK Admin Code 340:2-5-76
Current through Vol. 42, No. 7, December 16, 2024
(a) The Appeals Committee.
(1) The Appeals
Committee makes the hearing decision.
(2) No member of the Appeals Committee may
obtain information about the case from outside the hearing record.
(b) Legal and factual basis of the decision.
(1) The factual basis
of the decision is the information available to the Oklahoma Department of
Human Services (DHS) on the date of the decision and, if DHS failed to follow
its own rules regarding the gathering of information, the information that
would have been available to DHS at the time of the decision had the rules been
followed. This information is obtained through:
(A) hearing testimony;
(B) exhibits introduced at the hearing;
and
(C) facts or law of which the
AHO has taken judicial notice.
(2) The law applied to the case is described
in (A) - (C) of this paragraph.
(A) The
relevant Sections of the Oklahoma Administrative Code (OAC) are
applied.
(B) Where the OAC is
ambiguous or silent on a point critical to the decision, reference to other
sources, including state and federal statues, federal regulations,
sub-regulatory material, and case law is appropriate.
(C) No Section of the OAC is declared
invalid. However, if the validity of any Section of the OAC is raised as an
issue, the AHO permits arguments concerning the issue so that it is preserved
for subsequent review.
(c) Making the decision.
(1) Following the hearing, the AHO reviews
the evidence and applicable law.
(2) If the AHO concludes DHS acted correctly,
the AHO issues a written decision on behalf of the Appeals Committee.
(3) If the AHO concludes DHS acted
incorrectly, the AHO refers the case to the other members of the Appeals
Committee.
(A) The AHO prepares a vote sheet
containing the AHO's vote and the reasoning supporting the vote.
(B) The AHO sends the vote sheet and Appeals
Unit file to the member of the Appeals Committee from the affected division,
who reviews the summary and Appeals Unit file prior to voting.
(C) If the vote from the division member is:
(i) favorable to the client, the file is
returned to the AHO to issue a decision; or
(ii) unfavorable to the client, the file is
sent to the Appeals Unit supervisor to review and vote.
(D) Following the vote by the Appeals Unit
supervisor, the file is returned to the AHO to issue a decision in accord with
the majority vote of the Appeals Committee.
(d) The Appeals Committee may make a decision:
(1) completely favorable to
the client;
(2) partially favorable
to the client;
(3) completely
unfavorable to the client;
(4)
dismissing the hearing request because of client withdrawal or abandonment;
(5) dismissing the hearing request
because the hearing request does not relate to an appealable issue ;
(6) to hold a supplemental hearing;
or
(7) direct one, or both parties
to obtain and submit additional information .
(e) The Appeals Committee decision must contain:
(1) a sufficient explanation
of the issues, evidence, findings of fact, and law sufficient to inform the
parties of the basis for the decision; and
(2) appeal rights, the action required to
appeal, and the time within which such action must be taken.
(f) The Appeals Committee decision is sent to:
(1) the
client;
(2) the authorized
representative, if any;
(3) the
local office;
(4) the DHS State
Office programs manager of the program most affected by the decision;
(5) other DHS components necessary for
implementation of the decision; and
(6) other DHS components the AHO or Appeals
Unit supervisor chooses to notify.
Added at 19 Ok Reg 2199, eff 6-27-02
Disclaimer: These regulations may not be the most recent version. Oklahoma 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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