G. State Hearing

 

State Hearing

A state hearing is an administrative hearing process whereby applicants/recipients may exercise their right to obtain a full and impartial review of a County or State action. This responsibility is shared jointly between the County and the State in accordance with State regulations.

 

A request for State Hearing may be either written or oral. Instructions for filing a hearing request are found on the back of every Notice of Action (NOA).

 

Decisions

State hearing decisions are not precedent setting and the decision relates only to the issues raised in conjunction with that specific case. A hearing decision may be one of the following:

 

Part

Function

Grant the claim

Rule in favor of the applicant/recipient

Deny the claim

Rule in favor of the County

Grant in part and deny in part

Rule with both Grant and Deny outcome.

Dismiss the claim

Rule in favor of the County, usually for lack of jurisdiction

 

Claim is Denied Or Dismissed

If the claim is denied or dismissed, the Appeals Representative forwards a copy of the decision to the FRC/Employment Site with a cover gram. The cover gram will instruct the HSS to stop Aid Paid Pending (APP) if previously ordered, and if APP received is an overpayment/overissuance. This is to be filed in the case record.

 

Claim Is Granted Or Granted In Part

The County must submit a compliance report to the State on each case where a claim is granted. The Appeals Representative will send the HSS or ECM the following documents:

Form

Function

03-1 DSS

Appeals Compliance Instruction Letter.

Instructs worker when and what needs to be done to comply with the State’s decision.

DPA 27

Report Of County Compliance With State Hearing Decision.

This State form is used to confirm that the County has complied with the State’s hearing decision and it must be submitted to the State by Appeals within 30 days from the date the decision is received in Appeals section.

 

Form DPA 27

The completed form DPA 27 is the only means by which the State monitors proper and timely compliance with hearing decisions. The applicant/recipient is notified by the State that the County has reported compliance with the hearing decision. When workers receive forms 03-1 DSS Appeals Compliance Instruction Letter and DPA 27 County Compliance Report, they must take the following actions:

Step

Action

1

Review the decision and Form 03-1 DSS immediately to ensure the compliance instructions are clear and deadline can be met.

2

If the instructions are not clear or the deadline cannot be met, contact the Appeals Representative immediately.

3

The DPA 27 is not to be completed until the compliance action has actually been taken.

4

 Once all case actions are completed, complete DPA 27 as instructed on form 03-1 DSS.

5

Attach all supporting documents as requested by the Appeals Representative and return the DPA 27 to the Appeals Section.