Okla. Admin. Code § 340:2-5-80

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

Section 340:2-5-80 - Director review of administrative hearing officer (AHO) decision

With the exception of administrative disqualification hearings, the decision of the Appeals Committee is subject to review by the Director of Human Services (Director) or the Director's designee per Section 168 of Title 56 of the Oklahoma Statutes.

(1) Requests for review of an Appeals Committee decision may be made by a client or authorized representative when a written request for review is received by DHS within 30 days from the date of the Administrative Hearing Officer decision letter. Benefits are not continued or reinstated during the pendency of the review.

(2) Request for review of an Appeals Committee decision may be made by the director of the DHS division that completed the action appealed.

(A) The authority to request review may be delegated when the division director is unable to make the request due to absence or illness.

(B) The request must be made in writing and received by the Appeals Unit or Director within 10 business days of the date of the hearing decision.

(C) On receipt of a request for review by the Director, the Appeals Unit immediately notifies the client of the request for review, with a copy of the request attached. The notice includes:

(i) a statement that the client may submit documents and written comments within 10 business days;

(ii) the hearing decision is implemented immediately unless the client wishes to maintain the pre-hearing status quo until the Director issues a decision; and

(iii) when the hearing decision has already been implemented, implementation is not undone unless the client wants to maintain the pre-hearing status quo until the Director issues a decision.

(D) The decision of the Director, or designee is issued within 10 business days of the earlier of receipt of the client's comments or running of the deadline for client comments.

Okla. Admin. Code § 340:2-5-80

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