Okla. Admin. Code § 340:2-5-65

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-5-65 - Explanations by the local office when a client or authorized representative indicates a hearing is desired

For any of the programs within this Part, at the time a client or authorized representative indicates that the client wants an administrative hearing, the local office must explain the information listed in (1) - (4) of this Section to the client or authorized representative.

(1) If the issue involves a proposed closure or reduction of State Supplemental Payment, Temporary Assistance for Needy Families (TANF), social services, medical assistance, Child Care Subsidy, or food benefits, known in Oklahoma as Supplemental Nutrition Assistance Program (SNAP), the client or authorized representative is advised:

(A) of the option of having benefits continued pending outcome of the hearing if, within 10 days of the notice being appealed, the client or authorized representative submits a written request for a hearing which is signed by the client or authorized representative;

(B) if he or she fails to indicate a preference in a written request for hearing made within 10 days following mailing of the notice, benefits are continued during the hearing process and if the hearing is not decided in his or her favor, a claim is made against him or her for all benefits received pending the hearing decision;

(C) if benefits are continued during the appeals process and the hearing is not decided in his or her favor, a claim is made against him or her for all benefits received pending the hearing decision; and

(D) if the client elects to not continue benefits during the pendency of the appeal, if the appeal is decided in his or her favor, the local office authorizes supplemental payment(s) for the period of time covered during the appeal.

(2) If the issue concerns a SNAP case, the household or authorized representative is advised:

(A) if necessary, he or she is entitled to receive a postponement of a scheduled hearing. The household is advised the postponement will not exceed 30 days and the time limit for action on the decision will be extended for as many days as the hearing is postponed; and

(B) if the client, such as a migrant farm worker, plans to move from the state before the end of the 60 days in which a hearing decision must be made, that processing of the hearing will be expedited in order that a decision may be rendered before he or she leaves the state.

(3) When a hearing is requested on a medical decision made by the Oklahoma Department of Human Services (DHS), the client or authorized representative is advised:

(A) of the right to introduce as evidence at the hearing the report of any examination he or she may have obtained, provided that the records are signed by the health care provider; and

(B) when the hearing involves medical issues , such as those concerning a diagnosis, if the administrative hearing officer (AHO) considers it necessary, DHS will obtain at the expense of DHS :

(i) an examining physician's report;

(ii) a medical review team's decision; or

(iii) a medical assessment other than that of the person or persons involved in making the original decision.

(4) In every case, the local office advises the client or authorized representative:

(A) that the request for hearing will be sent to the Appeals Unit and a letter will be sent from that office regarding the date, time, and place of the hearing;

(B) of the right to be represented by legal counsel if desired, but that DHS does not provide, or pay for, legal representation. ;

(C) that the client, authorized representative, or both, has access to the following at a reasonable time before the date of the hearing, as well as during the hearing:

(i) all documents to be introduced at the hearing by DHS ; and

(ii) the case file, except for confidential documents;

(D) that the client may ask the AHO to require :

(i) individual DHS employees be present at the hearing; and

(ii) DHS produce specific records at the hearing;

(E) that before the hearing , the client will receive a copy of the hearing summary, documents, and records the local office will present at the hearing;

(F) that transportation equivalent to the rate for public transportation is paid for the client and witnesses, if any, when essential for attendance at the hearing;

(G) that the testimony given by the client, witnesses, and the local office is taken by an AHO, who records the proceedings;

(H) that an opportunity is given at the time of the hearing to give all the evidence on the points at issue the client believes necessary and the evidence can be presented by anyone he or she desires;

(I) that if the client needs help in understanding how to present evidence, explanation is given regarding some of the ways in which this may be done, such as presenting evidence orally, in writing, or by having anyone the client chooses present the evidence for him or her; and

(J) that the client will receive the written decision of the AHO.

Okla. Admin. Code § 340:2-5-65

Added at 19 Ok Reg 2199, eff 6-27-02

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014