Current through Reg. 49, No. 38; September 20, 2024
(a) Requesting an Appeal. Only the appellant
or the appellant's authorized representative has the right to appeal an action
by an agency.
(b) During the appeal
process, the appellant has the right to:
(1)
reapply for assistance;
(2) receive
continued benefits if required by state or federal regulation or
statute;
(3) confer with
supervisory staff within the appropriate agency about the case prior to the
hearing;
(4) continue with the fair
hearing after a case adjustment or correction is made;
(5) request that reasonable accommodations
due to disability or language comprehension be provided at the hearing at no
cost;
(6) make an audio recording
of the fair hearing;
(7) examine at
a reasonable time before the date of the hearing and during the hearing:
(A) the content of the appellant's case file;
and
(B) all documents and records
to be used by the agency or the skilled nursing facility or nursing facility at
the hearing;
(8) review
the appeal procedures outlined in agency policy; and
(9) request a copy of the official recording
at no charge after the decision is issued.
(c) An appellant or an authorized
representative or legal counsel may send written interrogatories or request a
pre-hearing conference to get additional information. The written
interrogatories must be clear and concise, contain no more than 30 questions,
and be submitted no less than 20 days prior to the hearing.
(d) Procedural Rights. The appellant has the
right to:
(1) present the case personally or
with the aid of others, including but not limited to the appellant's
representative or legal counsel;
(2) bring witnesses;
(3) present information about all pertinent
facts and circumstances;
(4)
present arguments or address anything about the case without undue
interference;
(5) confront and
cross-examine adverse witnesses; and
(6) submit documentary evidence to the
hearings officer before, during, or after the hearing as allowed by the
hearings officer. Evidence submitted after the hearing, if accepted, must be
entered into the record and shared with all parties.
(e) Appellant's Responsibilities. The
appellant or the appellant's authorized representative is responsible for:
(1) participating in the fair hearing;
and
(2) informing the hearings
officer prior to the fair hearing that the appellant needs an interpreter or
other accommodation due to a disability.
