Ala. Admin. Code r. 660-1-5-.02

Current through Register Vol. 42, No. 8, May 31, 2024

Section 660-1-5-.02 - Hearings

(1)General. The Department of Human Resources, hereinafter referred to as the Department, or the State Department or County Department when appropriate, is required to provide notice and opportunity for a hearing to any aggrieved person entitled by law to be given an opportunity for a hearing when the Department's action, intended action, or failure to act would adversely affect the individual's or family's right to assistance, benefits, or services.

(2)Choice of Action. Any aggrieved person requesting a review has a choice of whether such review shall be handled through an informal county conference, an informal review by the State Department, or a hearing. Upon notification that the aggrieved person is dissatisfied with the action taken or not taken, the Department has the responsibility to explain the methods by which the complaint may be handled. The initiation of an informal conference or State review has no effect on the time period for taking an appeal or requesting a hearing. All appeals or requests for hearing must comply with applicable time periods to be considered.

(3)Informal Conference.

(a) County Department Conference. At the request of the aggrieved person or his representative, either before or after the hearing request, an opportunity shall be provided for a county conference with the County Department to discuss the situation, to obtain an explanation of the action, proposed action or action not taken, and to present information to show that the action in question is incorrect. After a hearing has been requested, any informal resolution of the case must be in writing.

(b) State Department Review. At the request of the aggrieved person or his representative, either before or after a hearing request, an opportunity shall be provided for an informal review by the State Department. After the case record is reviewed, the State Department will notify the aggrieved person or his representative and the County Department of the results of the review. After a hearing has been requested, any informal resolution of a case must be in writing.

(4)Hearing. An aggrieved person or his representative may still choose to request a hearing although a conference is held or his case is either reviewed by the County or State Department. The initiation of an informal conference or state review has no effect on the time period for taking an appeal or requesting a hearing. All appeals or requests for hearing must comply with applicable time periods to be considered.

Author:

Ala. Admin. Code r. 660-1-5-.02

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.

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