OKDHS - OAC 340:2-5-70. Hearing continuance, withdrawal, and dismissal

340:2-5-70. Hearing continuance, withdrawal, and dismissal

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Issued 06-27-02

(a) Continuance of hearing.

(1) At any point after setting a case for hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to take whatever action the AHO deems necessary. The AHO may set time limits for the actions.
(2) If the AHO is informed, in advance of a hearing, that the client, authorized representative, or local office representative cannot attend a hearing at the scheduled time, the AHO continues the hearing if good cause exists for the person's absence. The AHO may require whatever proof of good cause that is deemed necessary.
(3) Clients who are appealing an action in the Food Stamp Program are entitled to one hearing continuance of up to 30 days, for which good cause need not be shown.

(b) Withdrawal of request for hearing. A client or authorized representative may withdraw a hearing request only by a signed writing. • 1

Any other indication of a desire to withdraw a hearing request is insufficient. • 2

(c) Dismissal of hearing request. The AHO may dismiss a hearing request if, in the AHO's judgment:

(1) the Department of Human Services (DHS), by written notice, withdraws the action appealed and restores the client's status which existed before the action appealed was taken. Continuation of benefits because a hearing request has been made does not constitute restoration of the client's status;
(2) DHS implements action and issues a notice to correct an error made by DHS which resulted in the appeal; or
(3) there are circumstances which indicate that it is impossible to hold the hearing, such as the death of a client.

INSTRUCTIONS TO STAFF 340:2-5-70

1. When a local office receives a written statement that the client wishes to withdraw the hearing request that is signed by the client or authorized representative, the local office:

(1) completes the local office portion of Form H-3 (new Form 13MP004E), Withdrawal of Request for Fair Hearing;

(2) attaches the signed hearing withdrawal to Form H-3 (new Form 13MP004E); and

(3) mails both to the Appeals Unit.

2. When a client or authorized representative indicates the wish to withdraw a hearing request in any manner other than by signed writing, the Department of Human Services (DHS) employee:

(1) to whom this wish is made known informs the client or authorized representative of the requirement that withdrawal of a hearing request may only be made in writing, signed by the client or authorized representative;

(2) offers any assistance necessary for the client or authorized representative to properly withdraw the hearing request; and

(3) offers the client or authorized representative Form H-3 (new Form 13MP004E).

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