SECTION 340:2-5-67. Appeals Unit action following hearing request receipt

(a)   Upon hearing request receipt in the Appeals Unit, a hearing number is assigned.

(b)   The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO).

(c)   The AHO determines if the hearing request was timely made.

(1)   A hearing request is considered timely:

(A)   in the Supplemental Nutrition Assistance Program (SNAP), when the client or authorized representative indicates, in any way, the desire to have a hearing within 90 days of the action, or failure to actthat is being appealed;

(B)   in all other cases:

(i)   if the initial indication that the client wants a hearing is in writing, signed by the client or authorized representative, if the writing was received by the Oklahoma Department of Human Services (DHS) within 30 days of the action, or failure to act being appealed; or

(ii)   if the initial indication that the client wants a hearing other than in writing, signed by the client or authorized representative:

(I)   the indication to DHS was made to DHS within 30 days of the action, or failure to act, which is being appealed; and

(II)   DHS receives a written hearing request, signed by the client or authorized representative within the later of 10 days from the date of the initial indication that the client wanted a hearing, or 30 days of the action, or failure to act being appealed.

(2)   When the AHO or Appeals Unit supervisor determines the hearing request was not timely made, the AHO notifies the client and authorized representative that the hearing request is dismissed. This notice includes a statement of appeal rights.

(d)   When a hearing request was timely made, the AHO determines whether the request relates to an appealable issue.

(e)   When a hearing request is both timely and relates to an appealable issue, paragraph (1) or (2) of this subsection apply.

(1)   When the client appeal relates to a delay in decision, or a delay in acting on a case change, the evidence is reviewed by an AHO.

(A)   If the available information clearly shows there has been a delay, the AHO issues a decision, without holding a hearing.

(B)   If the available information does not clearly show there has been a delay, the AHO schedules a hearing to determine whether there has been a delay.

(2)   When the request for hearing does not involve delay, the Appeals Unit mails a notice of hearing to the client. Copies of this notification are sent to the local office, appropriate supervisory staff, and the authorized representative, if any. The notification is mailed prior to the date of hearing not less than:

(A)    10 days for SNAP appeals, unless waived by the client; and

(B)   eight days in all other cases, unless waived by the client.

[Source: Added at 19 Ok Reg 2199, eff 6-27-02; Amended at 31 Ok Reg 1820, eff 9-15-14]