F. Welfare Investigations Responsibility Prior to Hearing

 

General

When the Appeals Representative determines that WI has been involved in a case action being disputed by the applicant/recipient, the following step will be taken:

Step

Action

1

Notification of the appeal will be sent to the investigator.

2

The investigator will provide any documentation pertinent to the disputed case action and collaborate with the Appeals Representative during the determination of how to best resolve the applicant’s request for a State hearing.

 

Hearing Process

When it is determined that an action can be supported, the Appeals Representative will:

Step

Action

1

Prepare the case for hearing and write a Position Statement.

2

If Necessary will request the Human Services Specialist/ Employment Case Manager/ Welfare Investigator (HSS/ECM/WI) to appear at the hearing as a witness and offer testimony.

3

Will update staff with the date, time, and place of hearing. 

 

HSS/ECM/WI Responsibility

Staff must comply with the request to appear unless specifically excused by the Appeals Representative. If the HSS/ECM/WI believe that other workers were involved in the specific case action and are, therefore, better qualified to testify at the hearing, they must notify the Appeals Representative immediately.

 

In some instances, it will be necessary for the current worker to attend the hearing as an expert witness for the county, even though he/she was not responsible for the case at the time of the disputed action.  The applicant/recipient or his/her authorized representative may serve a formal subpoena to the HSS/ECM/WI, requesting their appearance at the hearing.

 

Authorized Representative

Health and Human Services Agency (HHSA) staff shall not act as the authorized representative for the applicant/recipient at a hearing. This could be considered a conflict of interest and is a ‘hostile’ or ‘adverse’ witness to the County.

 

Although the desire to advocate for the applicant/recipient in a hearing may be well meaning, the identification of an applicant/recipient’s representative as an HHSA employee would make the fairness of the hearing suspect, and the resulting conflict of interest could hinder the applicant/recipient in resolving the appeal.