††††††††††††††††††† HEARING


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The Appeals/HSS/ECM Responsibility Prior To Hearing section includes the following information:



Appeals Responsibility Prior to Hearing

HSS/ECM Responsibility

Time Constraints

Case Status


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 applicantís/recipientís 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.

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Upon notification from Appeals that a case is needed for a hearing, the HSS/ECM will:




Review case to determine if the action disputed by the applicant/recipient is in accordance with regulations.


If YES, case record will be sent to appeals no later than five work days from the date of the request. If this deadline cannot be met, the FRC or Employment Site will immediately notify the Appeals Case Control Clerk of the reason for the delay and when the case will be sent.


If NO, the HSS/ECM will immediately rescind case action and send applicant/recipient appropriate notices of action (NOAs). The case must still be sent to appeals no later than five work days from the date of the request. The case may not be sent to appeals only if the Appeals Representative informs the HSS/ECM the claimant has withdrawn the hearing request and the case is not needed.


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.