Ala. Admin. Code r. 660-1-5-.05

Current through Register Vol. 42, No. 7, April 30, 2024

Section 660-1-5-.05 - Denial Or Dismissal Of Hearing Requests

The hearing officer shall issue a final decision denying or dismissing a hearing request in writing with or without a hearing in the following situations:

(a) If the request is not filed within the applicable time period;

(b) If the request has been withdrawn;

(c) If an aggrieved person, after proper proof of service, without good cause, fails to appear at the hearing;

(d) If a person applies for a service which is not in the Title XX Plan or provided by the Department;

(e) If a person is not entitled by law to be given an opportunity for a hearing, or fails to prosecute the hearing;

(f) When protective or child support services are provided as required by law or by court order;

(g) When the issue involves a collateral challenge to the validity or provisions of a judicial or non-department administrative order, including issues relating to custody or support of children;

(h) If the request is submitted by or on behalf of a provider of foster care for adults or children, an adult day care provider, or potential provider of such services;

(i) When benefits or services are reduced or terminated to a class of recipients due to changes in state or federal laws or regulations or the Title XX State Plan or changes in funding; or

(j) Where the issue is moot or where the Department has cancelled the adverse action against the person requesting the hearing, or where the Department has not taken adverse action against the person requesting the hearing or where the statute of limitations applies to bar the claim;

(k) In addition to the above, requests for hearings with regard to dispositions in child abuse or neglect investigations or adult abuse, neglect, or exploitation investigations shall be denied or dismissed where the applicable two-year statute of limitations has run on the disposition. For purposes of determining the starting date of the statute of limitations, there must have been contact between personnel investigating the report and the alleged perpetrator.

Author: James E. Long

Ala. Admin. Code r. 660-1-5-.05

Emergency adoption effective October 1, 1983. Emergency adoption of October 1, 1983 superseded by Emergency adoption effective October 24, 1983. Permanent adoption effective February 21, 1984. Succedent permanent amendment effective February 4, 1986. Succedent permanent amendment effective June 10, 1986. Succedent permanent amendment effective August 12, 1986. Succedent permanent amendment effective June 17, 1987. Succedent permanent amendment effective December 9, 1987. Succedent permanent amendment effective December 7, 1990. Succedent permanent amendment effective July 9, 1992. Amended: Filed August 5, 1997; September 9, 1997. Succedent emergency amendment effective September 19, 1997. Amended: Filed November 5, 1997; effective December 10, 1997.

Statutory Authority:Code of Ala. 1975, §§ 38-4-5, 41-22-1 through -27.