10-030.D APPEALS/HSS/ECM RESPONSIBILITY
PRIOR TO
HEARING
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The Appeals/HSS/ECM
Responsibility Prior To Hearing section includes the following
information:
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Appeals Responsibility Prior to Hearing
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If possible, the Appeals Section will resolve the issue under appeal
without a hearing. Every effort will be made to ensure effective
communication between staff in Appeals, Family Resource Center (FRC) Offices,
Employment Sites, Welfare Investigations (WI), and the Overpayment Support
Unit (OSU). This will ensure that the best determination is made to resolve
applicant’s/recipient’s request for a State Hearing. The Appeals Representative Will review: · The case record and as needed, contact FRC staff
for clarification; · Any evidence available from WI and OSU; · All pertinent State regulations that apply to the disputed case action, and make a final determination of whether or not to offer the applicant/recipient a conditional withdrawal or proceed with the hearing. |
HSS/ECM
Responsibility
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Upon notification from Appeals that a case is needed for a hearing,
the HSS/ECM will:
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Time
Constraints
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The State is required to provide to both the County and the
applicant/recipient a minimum of ten days advance notice of the scheduled
hearing date and time. When the Appeals Section is notified that a hearing
request has been filed, the Appeals clerk prepares individual lists for each
FRC or Employment Site Appeals case control clerk to request those cases
which are currently active. These requests require immediate action by FRC
and/or Employment staff. Because of the time limits imposed by law, it is imperative that all activities relating to State Hearings be given priority attention. The State will not postpone a hearing simply because the County may need more time to prepare its position. |
Case Status
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If the case is active, the current case carrying FRC or Employment
site is responsible for activities required in connection with State Hearings
regardless of when the issue requiring attention originated. If the case is closed, and activity to open the case is necessary, the
FRC or Employment Site to which the case was last assigned will be responsible. If the case is closed, and the activity needed is calculation of overpayment, the case will be referred to OSU. |