16 Del. Admin. Code § 5000-5406

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

Section 5000-5406 - Powers and Duties of Hearing Officers

7 CFR 273.15(M)(2)

This policy applies to all Hearing Officers in the conduct of their duties for the Department of Health and Social Services.

The hearing officer will:

A. Notify the parties of the date, time, and place of the hearing;

B. Take measures to avoid delays;

C. Ensure a fair and impartial proceeding;

D. Explain the hearing procedures;

E. Administer an oath or affirmation to all witnesses;

F. Ensure that all relevant issues are considered;

G. Maintain order and decorum;

H. Request, receive, and make part of the record all evidence determined to be necessary to decide the issues raised for the hearing;

I. Examine witnesses when necessary to develop the hearing record;

J. Regulate the conduct and course of the hearing to ensure an orderly hearing in a fashion consistent with due process;

K. Order, where relevant and useful, an independent medical assessment from a source mutually satisfactory to the appellant and to the agency;

L. Make a record of the hearing;

M. Provide a final hearing decision to the parties.

15 DE Reg. 86 (07/01/11)

5406.1Authority of Hearing Officer

1) The hearing officer shall apply the State rules except to the extent they are in conflict with applicable federal regulations. The hearing officer shall be bound by rules regarding the date of implementation or effect of changes in federal statutes. The hearing officer shall be bound by applicable precedent of the following courts in the following order: U.S. Supreme Court, 3rd Circuit Court of Appeals, District Court for the District of Delaware, Delaware Supreme Court, Delaware Chancery Court, Superior Court. The hearing officer may consider decisions of other jurisdictions on questions that are not otherwise decided under State or federal rules.

2) The hearing officer must accept a decision made by another administrative agency including when such determination is a prerequisite for eligibility for a public benefit under a program administered by the State, i.e., if the Social Security Appeals Council has decided that a client is not eligible for SSI benefits, the hearing officer must abide by such decision. However, if the decision of the other agency is not final, the hearing officer shall have latitude to reserve the right to reconsider his decision in the event the other agency's decision is altered or reversed by a higher authority.

16 Del. Admin. Code § 5000-5406

15 DE Reg. 86 (07/01/11) (Final)