63-005 Resolving the Issues
Without a Hearing
Table of Contents |
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General |
Whenever possible, the Appeals Section will resolve the issues under appeal without a hearing. The processes below are used for this purpose.
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Conditional
Withdrawal (CWD) |
When a household chooses to withdraw based upon certain conditions, the conditions of the withdrawal will specify the actions to be taken by the County and/or the household.
A Conditional Withdrawal (CWD) is a binding agreement that provides that the actions of both parties will be completed within 30-days from the date the CWD is signed by both parties and received by the County.
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Out
of Hearing Resolution (OHR) |
When the Appeals Representative assigned to a state hearing determines that the County action cannot be upheld in a hearing, and a CWD is agreed upon, an Out of Hearing Resolution (OHR) will be issued to the Family Resource Center (FRC).
If the Appeals Representative needs further clarification when evaluating whether or not an OHR is appropriate, the case and issues may be reviewed with:
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The supervisor or worker; or · Public Assistance
Fraud Division (PAFD), if a referral to that section was made. The OHR instructions
are binding on the FRC and it is mandatory that the FRC initiates the
required action(s) immediately to meet the
30-day compliance deadline. The guidelines for rescinding a FRC’s actions may include factors other than those
concerning erroneous case actions.
Appeals staff may instruct the
FRC to rescind actions when it is determined that proceeding with the hearing
is not appropriate because: ·
The FRC action was incorrect; or ·
The County has insufficient evidence
to substantiate its position; or ·
There is new information that affects
the action under appeal; or ·
The County is otherwise unable to
support the action in a hearing. |
Withdrawal |
When an action that was appealed has been rescinded, or the household decides not to proceed with the appeal, the Appeals Representative will request that the household sign a withdrawal (WD) form.
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Abandonment
of the Claim |
When households request a state hearing, they are considered to have filed a “claim” regarding their case. When households fail to appear for the hearing, they are considered to have abandoned that claim.
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