Ala. Admin. Code r. 305-2-3-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-2-3-.06 - Fair Administrative Hearing Procedure

The following procedure will be followed in the event that an eligible entity or subgrantee submits a request for a fair and impartial hearing to be held on the record concerning the recommended reduction or termination action(s), pursuant to subparagraph 305-2-3-.05(6)(b) herein.

(1) When the Director of ADECA receives from an eligible entity or subgrantee a written request for a fair and impartial hearing to be held on the record concerning the recommended reduction or termination action(s), the Director of ADECA shall deliver a notification in writing, addressed to said eligible entity or subgrantee, within five (5) days after receipt of the written request for a fair and impartial hearing, which notification shall be served upon said eligible entity or subgrantee by certified mail, telex, telegram, personal delivery, or other mode of written communication as the Director of ADECA shall so prescribe, and which notification shall include the following information:

A statement that said eligible entity's or subgrantee's written request for a fair and impartial hearing has been received by the Director of ADECA within the ten (10) calendar day time limit.

A second notification shall be delivered as soon as a hearing officer has been appointed. This notification shall include the following information:

(a) The name of the official who has been appointed to serve as the hearing officer for this hearing, and the scheduled date, time and location for the hearing. The scheduled hearing date shall be at least thirty (30) days following the date of the original written notification of recommended reduction or termination action(s).

(b) A statement of the facts of the situation and the recommended reduction or termination action(s) to be taken against the eligible entity or subgrantee, which constitute the subject for the fair and impartial hearing on the record.

(c) A statement informing the eligible entity or subgrantee of the name of the proper contact person within ADECA, and that contact person's ADECA mailing address and telephone number, as the designated person to contact for questions or further information concerning the scheduled hearing.

(2) On the designated date of the hearing, the hearing procedure shall be conducted at all times by the hearing officer, shall be formal in nature, shall be recorded via tape recording or other reliable mode of transcription, and shall be transcribed into a written record format which will constitute the official record of the proceedings. The hearing officer shall allow any relevant party an opportunity to ask questions, present evidence via oral statements and written or other type of documentation, and make final statements regarding their positions on the recommended reduction or termination action(s).

(3) After each party has been allowed an opportunity to present evidence at the hearing, the hearing officer shall draw conclusions and make a determination as to whether the recommended reduction or termination action(s) should commence against the eligible entity or subgrantee. The hearing officer's conclusions and determination shall be presented in written format to the Director of ADECA within twenty (20) calendar days following the conclusion of the hearing.

(4) The Director of ADECA shall make and issue a final ruling based upon the conclusions and recommendations presented by the hearing officer within twenty (20) calendar days of receipt of said written conclusions and recommendation from the hearing officer. The final ruling shall be in writing, and shall be served upon the eligible entity or subgrantee, the Division Chief of the Community Services Division of ADECA, and the Secretary of the United States Department of Health and Human Services not later than thirty (30) calendar days following the conclusion of the hearing, by certified mail, facsimile machine (fax), telex, telegram, personal delivery, or other mode of written communication as the Director of ADECA shall so prescribe. This final ruling shall also contain a statement of all the requirements pertaining to the reduction or termination action(s), whichever the case may be, the related activities, and the return of Community Service Block Grant funds, if applicable.

Author:

Ala. Admin. Code r. 305-2-3-.06

Emergency Adoption: Filed January 15, 1997; effective January 15, 1997. New Rule: Filed May 9, 1997; effective June 13, 1997.

Statutory Authority:P.L. 97-35, as amended; 42 U.S.C. §9901 et seq.