63-006     Attendance at a State Hearing

 

Table of Contents
 
Section
Notification to Family Resource Center (FRC) Staff
006.1
Required Attendance
006.2
Advocate Status
006.3

 

63-006.1

Notification to Family Resource Center (FRC) Staff

Attendance by Family Resource Center (FRC) staff at state hearings can be requested either by the Appeals Representative or the client.

 

The Appeals Section will send written communication, such as an email or fax notifying the requested worker of the date, time and place of the hearing, with a copy to the supervisor.  The client or his/her authorized representative will send a formal subpoena to the worker.

 

 

63-006.2

Required Attendance

If the Appeals Representative requested the worker to attend the hearing, the FRC staff must comply with the request unless specifically excused by the Appeals Representative.

 

If the FRC staff is attending the hearing pursuant to a formal subpoena, then the client, client’s Authorized Representative, or other individual who issued the subpoena must specifically excuse the FRC staff from attending the hearing.

 

If it is believed that other workers were involved in the specific case action and are, therefore, better qualified to testify at the hearing, notify the Appeals Representative immediately.  In some instances, it will be necessary for the last worker of record or task group representative to attend even though he/she was not responsible for the case at the time of the disputed action.

 

 

63-006.3

Advocate Status

HHSA staff cannot act as the Authorized Representative or advocate for an applicant/recipient at a hearing, as this could be considered a conflict of interest.  Although the desire to advocate for a client in a hearing may be well intended, every appeal is a potential court case.

 

If the client’s representative is a Health and Human Services Agency (HHSA) employee, this would make the fairness of the hearing questionable and the possible conflict of interest could hinder the client in resolving the appeal.