Rule 18-28-8.10 - Fair Hearing ProcessA. A fair hearing is available for any applicant or recipient upon written request. A fair hearing provides an opportunity for a more formal review by the subgrantee's Board of Directors concerning the point(s) of dissatisfaction. If the applicant or recipient is still dissatisfied from said Boards' decision, the decision may be appealed to the Division of Administrative Hearings.B. Basis for a Fair Hearing 1) Applicant(s) or recipient(s) shall be provided a copy of the -Fair Hearing Process' during each application or recertification. Upon denial of services, a copy of the -Fair Hearing Process' will be mailed with the denial letter to the applicant. A copy of the process will also be clearly posted in all subgrantee office locations.2) The basis for a fair hearing is listed below: a. An applicant or recipient whose application or recertification concerning eligibility assistance was denied;b. An applicant or recipient whose claims for assistance are not acted upon reasonable promptness; orc. Any other adverse action that detrimentally effects the applicant or recipient by the subgrantee and/or agency3) Some issues are not subject to fair hearings, in which includes but not limited to, a subgrantee failing to have enough funds for the county that the applicant resides in. In this case, said subgrantee should refer applicant(s) to other social service providers, or use non-federal funds if available. If a county runs out of funds before the end of the program year, said subgrantee must maintain a list of applicants who could not be served. These applicants must receive priority when scheduling appointments at the start of the new program year or if additional funds are awarded.D. Appeal to the Subgrantee Level 1) After having exhausted all channels of resolution with the Executive Director of the Subgrantee, the applicant or recipient must submit a written request for a fair hearing to the subgrantee Board of Directors within thirty (30) calendar days that the adverse action occurred. The written request must include the following: a. Name and address of applicant or recipient,c. Date of denial notice or adverse action taken,d. Reason for said action,e. Justification stating why action should not be taken,f. Statement requesting a fair hearing, andg. Two (2) signed and dated copies of the request (original and one copy).2) Upon receipt of the applicant or recipient's request, the subgrantee Board of Directors must set the date of the fair hearing for the next scheduled board meeting. The fair hearing will be conducted at the discretion of the Board of Directors for the subgrantee. Said board shall render a written decision within five (5) business days of the fair hearing date.E. Appeal to MDHS 1) Written Appeal to MDHS for Fair Hearing: After having exhausted all channels for resolution at the subgrantee level, the applicant or recipient has thirty (30) calendar days from the date of the subgrantee Board of Directors' decision letter to submit a written request. The written request must include a copy of the original hearing request and the Board of Directors' decision letter. The request should be submitted to: Mississippi Department of Human Services
Director of Administrative Hearings
Post Office Box 352
Jackson, Mississippi 39205
2) Notice for the Fair Hearing: The recipient or applicant and subgrantee shall receive written notice of the hearing, in which will include a statement of the date and time the hearing is to be held. The hearing may be held telephonically unless a face-to-face hearing is requested. A fair hearing shall be scheduled within seven (7) calendar days the Director of Administrative Hearings receives a proper written request.3) Evidence and/or Documents: All documents relating to any pending proceeding must be submitted to the Director of Administrative Hearings Division of MDHS at the address listed above.4) Informal Disposition: Informal disposition may be made of any case by written stipulation, agreed settlement, consent order, or default.5) Postponement/Continuance: The hearing officer may grant a postponement or a continuance of the fair hearing for good cause based upon a written, advanced request by either party.6) Conduct of Fair Hearings: Subject to the hearing officer's ruling and recommended decision, opportunity must be given to all parties to respond, present evidence, argue all issues involved and call witnesses. A recording of each fair hearing should be made. If a party fails to appear, it may forfeit all rights.7) Order of Hearing: The hearing officer calls the fair hearing to order; introduces himself/herself and gives a brief statement of the nature of the proceeding; states what documents the record contains; calls for opening statements by each party; questions witnesses at will, and adjourns the fair hearing after all evidence has been presented. During testimony, the applicant, recipient or subgrantee's representative(s) may question witnesses, cross-examine the other party's witnesses, and redirect if necessary.8) Recommended Decisions and Final Decisions The hearing officer shall have the responsibility of preparing a statement summarizing the facts brought out in the fair hearing, indicating the policy governing the issue at hand, and making a recommended decision based on the evidence presented. The recommended decision shall be based only on evidence, testimony, and documents presented at the fair hearing. Following the fair hearing adjournment, the hearing officer will forward, both the record and recommended decision, to the MDHS Executive Director for adoption, modification, or reversal. The final decision of the MDHS Executive Director will be forwarded to the recipient or applicant along with the Executive Director of the subgrantee. The decision of the MDHS Executive Director shall be final and binding. The recipient or applicant has exhausted all administrative appeals after the decision from the MDHS Executive Director has been rendered.F. Appeal to U.S. Department of Health and Human Services 1) If the final MDHS decision is not satisfactory, the applicant or recipient has ten (10) calendar days to submit a written request to U.S. Department of Health and Human Services. Said request should be sent to: Secretary
U.S. Department of Health and Human Services
Office of Community Services
370 L'Enfant Promenade, S.W., 5th Floor
Washington, D.C. 20449
2) The written request must include a copy of the original hearing request, the Board of Directors' decision letter, and the final decision from MDHS. A decision and/or hearing will be issued and/or conducted based on the discretion of the U.S. Department of Health and Human Services.3) Note: If at any point during the fair hearings process the original adverse action or denial decision is overturned, the proper actions will be taken by the subgrantee.18 Miss. Code. R. 28-8.10
Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: May 2022