Ala. Admin. Code r. 660-1-5-.01

Current through Register Vol. 42, No. 8, May 31, 2024
Section 660-1-5-.01 - Definitions
(1)Aggrieved person. An "aggrieved person" as used in these rules includes persons contending one of the following: that their claim for financial assistance, benefits, or services has been denied; or that their application has not been acted upon within the Department's standard of promptness; or that they have been notified that there will be a suspension, reduction, or discontinuance of assistance, benefits, or services; or that they have been aggrieved by a failure to take account of recipient choice in assignment to a program, or a determination that the individual not participate in a service program; or that they are adversely affected by any action or inaction of the Department.
(2)Department. "Department" as used in these rules means, unless specified, the Alabama State Department of Human Resources.
(3)Appeal. "Appeal" as used in these rules denotes a judicial review requested by an appellant of a decision made by the agency or its designee.
(4)Appellant. "Appellant" as used in these rules denotes a person who claims or asserts a demand or right or party who takes an appeal from a hearing to an Alabama circuit court.
(5)Claimant. "Claimant" as used in these rules denotes a person who claims or asserts a right or demand.
(6)Commissioner. "Commissioner" as used in these rules means the Commissioner of the State Department of Human Resources.
(7)Due Process. "Due process" as used in these rules denotes the rights of a person affected by an agency decision to present a complaint at a hearing and to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the questions of the individual's rights in the matter involved without undue delay or hindrance.
(8)Fair Hearing. "Fair hearing" or "hearing" as used in these rules denotes a hearing in which authority is exercised fairly and consistently where the fundamental principles of justice are embraced within the conception of due process of law.
(9)Gender. Words in the masculine gender include the feminine and neuter.
(10)Hearing Authority. "Hearing Authority" as used in these rules means the person or persons entitled to make the final administrative decision for the Department.
(11)Party. "Party" as used in these rules means each person or agency or department named or admitted as a party or properly seeking and entitled as a matter of right to be admitted as a party, or admitted as an intervenor.
(12)Person. "Person" as used in these rules means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency or department.

J. Long

Ala. Admin. Code r. 660-1-5-.01

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 August 12, 1986. Succedent emergency amendment effective August 12, 1986. Succedent permanent amendment effective December 9, 1986.

Statutory Authority:Code of Ala. 1975, §§ 38-4-5 through -6, 41-22-1 through -27.