1. In all types of cases, when the client or authorized representative indicates a wish to have a hearing, the local office employee determines whether it is feasible for the client to attend a hearing in the local office. If not, the client and interviewer agree on another location to recommend to the administrative hearing officer for the hearing. The recommended place for the hearing is entered on Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E), Hearing Request.
2. Food Stamp Program.
(1) When a client or authorized representative makes a hearing request, the local office:
(A) completes the local office portion of Form H-1 (.pdf, 2 pp, 298 KB)(new Form 13MP001E);
(B) provides the client or authorized representative with Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E), either by mail or in person;
(C) requests that the client portion of Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E), be completed;
(D) offers assistance in completing Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E); and
(E) requests that the Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) be returned to the local office within ten days.
(2) If Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is returned within ten days, the local office sends the completed form to the Appeals Unit with a copy attached of the:
(A) the notice being appealed, if any; and
(B) any written document, including a fax or printed e-mail, other than Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) in which the client or authorized representative indicated that the client wants an administrative hearing.
(3) If Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is not returned within ten days, the local office sends a copy of the form, with the local office portion completed, to the Appeals Unit along with:
(A) a memo describing the:
(i) the date and manner in which the hearing request was made;
(ii) the reason for the hearing request;
(iii) the date and manner in which Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) was provided to the client or authorized representative; and
(iv) the response of the client or authorized representative, if any, following the receipt of Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E);
(B) a copy of the notice being appealed, if any; and
(C) any written document, including a fax or printed e-mail, other than Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) in which the client or authorized representative indicated that the client wants an administrative hearing.
3. All cases except Food Stamp Program.
(1) If the client or authorized representative has indicated in writing, signed by the client or authorized representative, that the client wants a hearing:
(A) the local office:
(i) offers Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) to the client or authorized representative;
(ii) completes the local office portion of Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E);
(iii) provides the client or authorized representative with Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E)either by mail or in person;
(iv) requests that the client portion of Form H-1 (.pdf, 2 pp, 298 KB)(new Form 13MP001E) be completed;
(v) offers assistance in completing Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E); and
(vi) requests that the Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) be returned to the local office within ten days;
(B) if Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is returned within ten days, the local office sends to the Appeals Unit:
(i) the completed Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E);
(ii) a copy of the notice being appealed, if any; and
(iii) any faxed or printed e-mail, or other written document, other than Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) in which the client or authorized representative indicated that the client wants an administrative hearing; and
(C) if Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is not returned within ten days, the local office sends to the Appeals Unit:
(i) a copy of the notice being appealed, if any; and
(ii) any faxed or printed e-mail, or other written document, other than Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) in which the client or authorized representative indicated that the client wants an administrative hearing.
(2) If the client or authorized representative has indicated that the client wants a hearing in any manner other than in writing, signed by the client or authorized representative, the local office:
(A) informs the client or authorized representative that the client is not considered to have requested a hearing unless the hearing request is made in writing and signed by the client or authorized representative and is received by the Department of Human Services (DHS) within the later of:
(i) 30 days of the notice being appealed; or
(ii) ten days of the initial indication that the client wants a hearing;
(B) offers Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) to the client or authorized representative and:
(i) completes the local office portion of Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E);
(ii) provides the client, or authorized representative, with Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) either by mail or in person;
(iii) requests that the client portion of Form H-1 (.pdf, 2 pp, 298 KB)(new Form 13MP001E) be completed;
(iv) offers assistance in completing Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E); and
(v) requests that the Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) be returned to the local office within ten days; and
(C) if Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is returned at any time, sends the completed form to the Appeals Unit with a copy attached of:
(i) the notice being appealed, if any;
(ii) a written document, including a fax or printed e-mail, other than Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) in which the client or authorized representative indicated that the client wants an administrative hearing; and
(iii) if Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) is returned beyond the time described in (a) of this Instruction a memo describing the:
(I) date and manner in which the client or authorized representative indicated the client wanted a hearing;
(II) reason for the hearing request;
(III) date and manner in which Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E) was provided to the client or authorized representative; and
(IV) response of the client or authorized representative, if any, following receipt of Form H-1 (.pdf, 2 pp, 298 KB) (new Form 13MP001E).