358-4.3 Responsibilities and rights in the fair hearing process.
(a) The social services agency must provide complete copies of its
documentary evidence to the hearing officer at the fair hearing and also to the appellant
or appellant's authorized representative, where such documents were not provided
previously to the appellant or appellant's authorized representative in accordance with
section 358-3.7 and 358-4.2(c). Such documents must be provided without charge.
(b) Except as provided in subdivision (c) of this section, a
representative of the social services agency must appear at the hearing along with the
case record and a written summary of the case. Such representative must:
(1) have reviewed the case; and
(2) be prepared to present evidence in support
of the action, including:
(i) the case number;
(ii) the applicable
category or categories or type of public assistance or care, medical assistance, food
stamp benefits or services involved;
(iii) the names,
addresses, relationships and ages of persons affected;
(iv) the determination
regarding which the hearing request was made;
(v) a brief description
of the facts, evidence and reasons supporting such determination, including identification
of the specific provisions of law, Department regulations and approved local policies
which support the action;
(vi) the relevant
budget or budgets prepared by the social services agency for the appellant or the
household of such appellant, including printouts of relevant budgets produced on the
Welfare Management System (WMS); and
(vii) a copy of the
applicable action taken notice, adverse action notice, expiration notice or notice of
action, including any notices produced on the Client Notices System.
(3) have the authority to make binding
decisions at the hearing on behalf of the social services agency, including the authority
to withdraw the action or otherwise settle the case.
(c) (1) No later than five calendar days before the
hearing date, the social services agency may make application to the OAH to appear at a
hearing on papers only. The OAH may approve such application in its discretion where the
rights of the appellant can be protected and the personal appearance of the agency is
neither feasible nor necessary.
(2) Notwithstanding paragraph (1) of this
subdivision, a hearing officer may require the appearance of a representative of a social
services agency where such appearance is necessary to protect the due process rights of
the appellant.
(d) Upon request of the appellant, the social services agency must
provide necessary transportation and transportation expenses to and from the fair hearing
for the appellant and appellant's representatives and witnesses and payment for
appellant's necessary child care costs and for any other necessary costs and expenditures
related to the fair hearing.
(e) Social service agencies have those hearing rights which appellants
have as set forth in subdivision 358-3.4(d) (adjournment), 358- 3.4(e)(representation),
358-3.4(g) (present evidence, question witnesses, examine documents),and 358-3.4(h) (bring
witnesses), and 358-3.4(k) (removal of hearing officer) of this Part.