Ala. Admin. Code r. 560-X-3-.02

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

Section 560-X-3-.02 - Fair Hearings-Definitions

(1) A fair hearing is a face-to-face hearing by an impartial State Hearing Officer at a time and place reasonably convenient for the complainant and attended by the complainant or his authorized representatives who may call witnesses or examine witnesses called by others.

(2) A documentary hearing is one in which all the evidence for both the complainant and the agency is presented to the hearing officer in written form. He then makes his recommendations based on the evidence presented. Recommendations and decisions in documentary hearings have the same authority as those rendered in a face-to-face hearing.

Authors: Robert R. Crumpler; William O. Butler.

Ala. Admin. Code r. 560-X-3-.02

Rule effective October 1, 1982. Amended effective August 9, 1984; January 1, 1986; August 10, 1987.

Statutory Authority: § 1902(a)(3), Title XIX, Social Security Act; 42 C.F.R. §§ 431.200 - 431.245; § 41-22-12, Alabama Administrative Procedure Act.