16 Del. Admin. Code § 5000-5311

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

Section 5000-5311 - Notifying Appellants and Others of Hearings

45 CFR 205.10(a)(8), (a)(13)(i)

This policy applies to applicants and recipients of any public assistance program administered by the Division of Social Services (DSS) or the Division of Medicaid and Medical Assistance (DMMA).

1. Hearings Are Made Accessible to the Appellant

The Hearing Office will arrange the time, date, and place of the hearing so that it is accessible to the appellant.

2. Hearing Office Provides Advance Notice

The Hearing Office will mail written notice to all parties involved at least 12 days before the hearing.

Exception: An appellant may request less notice in order to speed up the scheduling of the hearing.

3. Hearing Notice is Specific

The hearing notice will:

A. Inform the appellant or representative of the name, address, and phone number of the person to notify if it is not possible for the appellant to attend the scheduled hearing;

B. Stipulate that the hearing request will be dismissed if the appellant or his or her representative fails to appear for the hearing without good cause (e.g., death in family, personal illness, unexpected emergency);

C. Include the hearing procedures and any other information that would provide the appellant with an understanding of the proceedings that would contribute to the effective presentation of the household's case. It will also include the fair hearing summary and documents filed for the hearing;

D. Explain that the appellant has the right to bring an attorney or other representative to his or her hearing;

E. Explain that the appellant may present any information that he or she desires at the hearing;

F. Explain that the appellant or representative may examine the agency and/or MCO case record prior to or during the hearing.

16 Del. Admin. Code § 5000-5311

8 DE Reg. 351 (8/1/04)
15 DE Reg. 86 (07/01/11)
15 DE Reg. 1339 (03/01/12)