16 Del. Admin. Code § 5000-5307

Current through Register Vol. 28, No. 7, January 1, 2025

Section 5000-5307 - Dismissing a Hearing Request

7 CFR 273.15(j), 42 CFR 431.223, 45 CFR 205.10(a)(5)(v), 42 CFR 438.408(f)

This policy applies any time a request for a hearing is filed over which the DSS Hearing Office has jurisdiction.

The hearing officer of the Division will dismiss or deny a request for a fair hearing where:

A. It has been withdrawn by the appellant in writing;

B. The sole issue is one of State or federal law requiring automatic benefit adjustments for classes of TANF, GA, Child Care or Medicaid/Medical Assistance recipients (unless the reason for an individual appeal is incorrect grant computation);

C. The appellant has abandoned his or her request by failing without good cause, to appear by him/herself or by an authorized representative at a scheduled hearing.

1. Good cause for failure to appear at a hearing may include, but is not limited to the following:

i. Death in the family;

ii. Personal injury or illness;

iii. Sudden and unexpected emergencies;

iv. Failure to receive the hearing notice.

2. The request is not received within the specified 90 day time period.

3. For recipients enrolled in a MCO the request is not received within 120 calendar days from the date of the MCO's notice of an appeal resolution upholding an adverse benefit determination or the MCO's failure to adhere to the notice and timing requirements in 42 CFR 438.408.

The hearing officer will notify both the appellant and the agency if a request for a hearing is dismissed.

16 Del. Admin. Code § 5000-5307

10 DE Reg. 1703 (05/01/07)
15 DE Reg. 86 (07/01/11)
21 DE Reg. 568( 1/1/2018) (Final)