OKDHS - OAC 340:2-5-69. Local office contact with client after receipt of the notice of hearing

340:2-5-69. Local office contact with client after receipt of the notice of hearing

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Issued 06-27-02

(a) Immediately upon receipt of the notice of hearing, the local office representative contacts the client or authorized representative and gives him or her a copy of the Form H-1-A (new Form 13MP002E), Hearing Summary. • 1

(b) Form H-1-A (new Form 13MP002E) must be delivered at least five complete working days prior to the date scheduled for the hearing. If Form H-1-A (new Form 13MP002E) is not delivered timely, paragraph (1) or (2) of this subsection applies.

(1) If the local office shows good cause for failure to deliver Form H-1-A (new Form 13MP002E) timely, the administrative hearing officer (AHO) continues the hearing to another date if the client is not prepared to proceed as a result of receiving Form H-1-A (new Form 13MP002E) late.
(2) If the local office does not show good cause for failure to deliver Form H-1-A (new Form 13MP002E) timely, the AHO may prohibit the local office from presenting evidence at the hearing and decide the case based only on evidence presented by the client.

(c) Immediately upon receipt of the hearing notice, the local office submits a copy of the Form H-1-A (new Form 13MP002E) to the Appeals Unit.

INSTRUCTIONS TO STAFF 340:2-5-69

1. At this contact, the local office representative also determines the client's plans for attending the hearing. If it is learned that the client or authorized representative is unable to attend the hearing, the local office advises the Appeals Unit of the reason and of dates on which the client or authorized representative is available.

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