006.25.94 Ark. Code R. 001
The following Rules of Order shall apply to all Administrative Hearings conducted by OCSE.
The purpose of the Administrative Hearing process is to provide a mechanism by which an aggrieved party may appeal adverse action taken under the IV-D program. Complaints which solely assert an objection to federal or State laws or regulations are not subject to appeal under this procedure.
When a party wishes to request an Administrative Hearing, he/she may do so by submitting a request in writing to the OCSE Appeals and Hearings Office. The request must be received by the Appeals and Hearings Office no later than 3 0 days from the date of receipt of notification of the adverse action by the party.
The notice of appeal request must contain:
When a request for a formal hearing is received, the Appeals and Hearings Office will request a copy of the appeal file from the responsible program office initiating the adverse action which is the subject of the appeal. At this time the Appeals and Hearings office will furnish the responsible program office a copy of the appeal request. This file will contain relevant records which constitute the documentary evidence to support the action taken, any relevant correspondence, and any relevant information supplied by a party. The file must also contain a Hearing Statement prepared by the initiating office which summarizes the basis for the adverse action and the position of the office. The Hearing Statement, however, is not original evidence, so complete documentation will be required in the file to support the Hearing Statement. The Hearing Statement will contain the issue as stated by appealing party. The Hearing Statement shall also list the name of the office . representative for the Administrative Hearing. The appeal file must be submitted to the Appeals and Hearings office within 7 days of the request.
The party and/or his/her representative will be advised by the Appeals and Hearings Office that he/she has fifteen days from the date of the notice to review the Hearing File at a specified office location and to notify the Appeals and Hearings Office of any individuals he/she wishes to subpoena for the Administrative Hearing.
The responsible program office must advise the Appeals and Hearings Office at the time the Hearing File is sent of any witnesses the office wishes to present to document the adverse action taken. OCSE and Contract employees will be expected to attend Administrative Hearings upon notification by the Appeals and Hearings Office. The office representative will be notified by the Appeals and Hearings Office of any witnesses the party has requested. The office representative will have five days from receipt of this notice to request rebuttal witnesses.
HEARINGS
After the time frame has expired for requesting witnesses, the hearing officer will schedule the hearing to afford the parties, and their attorneys, if any, at least 10 days notice of the date, place, and time of the hearing. The scheduling letter shall also contain the name of the hearing officer who will conduct the hearing. In the event any party suffers from illness or cannot attend the hearing due to unavoidable scheduling conflicts, the party may request that the hearing be continued. The hearing may be rescheduled by the hearing officer upon a showing of good cause.
The hearing will normally be held at OCSE Appeals and Hearings Office in Little Rock. At the request of a party and at the discretion of the Hearing Officer, the hearing may be held at an OCSE Field Office.
If a party or his/her representative fails to appear for the hearing and does not contact the Appeals and Hearings Office prior to the date of the hearing of his/her inability to attend, the appeal will be considered abandoned.
It is the responsibility of the initiating office's representative to be familiar with the case, and to be able to answer pertinent questions relating to the issue i at hand asked by a party or the hearing officer. The office representative should be prepared to cross-examine adverse witnesses.
The hearing will be conducted by a hearing officer or attorney assigned to the OCSE Appeals and Hearings Office. No person who had any part in the decision which is being appealed may serve as the hearing officer. The hearing will be recorded by the Appeals and Hearings office.
A party may have representation by a friend, attorney, or other designated representative.
The hearing will be conducted in an informal but orderly manner by the hearing officer who will control the conduct of the proceeding. Each witness will be administered an oath/affirmation by the hearing officer. The party initiating the appeal has the burden of proving whatever facts it must establish to sustain its position by a preponderance of the evidence. The hearing officer will explain the hearing procedure to the parties. The hearing statement will be read by the initiating office representative. An opening statement may also be presented by the appealing party or his/her representative. The initiating office will present its case first, which includes presenting evidence and questioning of witnesses. The appealing party will then be allowed to present his/her case. He/she may do so with the aid of others. The appealing party will be allowed to question the office representative and to confront and cross-examine any adverse witnesses. Questioning of parties and witnesses will be confined to the issue(s) involved. All relevant evidence may be presented as permitted by the hearing officer. The hearing officer may question any party or witness.
The hearing officer will prepare and sign a Final Order based on a comprehensive report of the proceedings. The format will consist of an Introduction, Findings of Fact, Conclusions of Law and a Decision. Final administrative action should be completed within 90 days from the receipt of the appeal. This time frame may be altered by the hearing officer when appropriate upon good cause demonstrated by a party to the proceeding. The Appeals and Hearings Office shall furnish each party a copy of the final order, with proof of delivery to the appealing party, i.e., certified mail or other signed acknowledgment of receipt.
006.25.94 Ark. Code R. 001