358-6.2 Decision without hearing.
(a) Upon the Commissioner's own motion or upon request of an appellant
in cases in which there is no material issue of fact to be resolved, a decision may be
issued without a hearing. The determination to issue a decision without a hearing rests
solely within the discretion of the Commissioner.
(b) A request for a decision without a hearing must be accompanied by
sufficient information to enable the Commissioner to ascertain whether any unresolved
material issue of fact exists, and should contain a full and clear statement of the issues
and of the appellant's position on these issues.
(c) When the OAH determines that a decision without hearing is
appropriate, the Commissioner will send the request for a decision without hearing, or the
request for a hearing, along with any supporting documents to the social services agency
involved. Within 10 business days of receipt of these documents, the social services
agency must forward to the OAH, the appellant, and the appellant's representative, a
response containing sufficient information to ensure resolution of the dispute.
(d) Within 10 business days of the receipt of the documents submitted
by the social services agency, the appellant or authorized representative may submit
comments or rebuttal to the OAH with copies to the other parties.
(e) At any point after a request for a decision without a hearing has
been made, if it appears that there is a material and unresolved issue of fact relating to
the issue or issues upon which the hearing was requested, the appellant and the social
services agency will be informed that a fair hearing will be scheduled upon notice to all
parties.
(f) A decision without a hearing will be issued by the Commissioner
based upon the papers submitted in accordance with this section.