(a) Upon receipt of a hearing request 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 made timely. • 1

• (1) A hearing request is considered timely:
  • (A) in the Food Stamp Program, if the client or authorized representative indicates, in any way, the desire to have a hearing within 90 days of the action, or failure to act, which 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 Department of Human Services (DHS) within 30 days of the action, or failure to act, which is 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 ten days from the date of the initial indication that the client wanted a hearing, or 30 days of the action, or failure to act, which is being appealed.
  • (2) If the AHO determines that the hearing request was not made timely, the AHO notifies the client and authorized representative that the hearing request is dismissed.  This notice includes a statement of appeal rights. 

(d) If a hearing request was made timely, the AHO determines whether the request relates to an appealable issue.  • 2

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

• (1) If 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 that there has been a delay, the AHO issues a decision, without holding a hearing. 
  • (B) If the available information does not clearly show that there has been a delay, the AHO schedules a hearing to determine whether there has been a delay.
• (2) If 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. • 3
  • (A) The notification is mailed prior to the date of hearing not less than:
    • (i) ten days for Food Stamp Program appeals, unless waived by the client; and
    • (ii) eight days in all other cases, unless waived by the client.
  • (B) If the client moves from Oklahoma to another state and requests an administrative hearing in a timely manner, the client is advised that he or she has the option of scheduling the hearing by: 
    • (i) returning to Oklahoma to attend a scheduled hearing.  In this case, the hearing is scheduled and conducted in the same manner as a client who continues to live in Oklahoma; or
    • (ii) telephonic hearing.  In this case the hearing is scheduled and conducted in the manner described at OAC 340:2-5-24.