Kan. Admin. Regs. § 129-7-10

Current through Register Vol. 44, No. 2, January 9, 2025

Section 129-7-10 - When a state fair hearing is required

(a) Any applicant or beneficiary may submit a request for a standard state fair hearing if the applicant or beneficiary identifies an action by the department as the basis for the request.

(b) Any applicant or beneficiary may submit a request for an expedited state fair hearing if an action by the department is identified as the basis for the request. The applicant or beneficiary shall submit medical documentation that supports the need for an expedited state fair hearing at the time of the request.

(1) The department taking the adverse action shall review the medical documentation submitted with the expedited state fair hearing request to determine if processing the applicant's or beneficiary's request for a state fair hearing in the 90-day time frame ordinarily permitted for a standard state fair hearing decision could jeopardize the individual's life, health, or ability to attain, maintain, or regain maximum function. The department shall make that determination as expeditiously as possible following receipt of the request. The department shall communicate that determination to the presiding officer.

(2) The department shall communicate an adverse determination in writing to the appellant. The presiding officer shall communicate an approval of the expedited request in writing to the appellant by issuing a notice of a state fair hearing. For denied expedited hearing requests, the presiding officer shall schedule state fair hearings in the usual time frame.

(3) The applicant's or beneficiary's request for an expedited state fair hearing, when combined with the department's approval of the request, shall constitute a mutual waiver of procedural time requirements otherwise required by law that would defeat the purpose for the expedited state fair hearing. The applicant or beneficiary shall submit the request for an expedited state fair hearing in accordance with the timeliness requirements in 129-7-11.

(c) The granting of a state fair hearing shall not be required of the secretary if the sole issue is a federal or state law requiring an automatic change adversely affecting some or all beneficiaries.

(d) Each request for a state fair hearing received by the secretary shall be forwarded to the secretary's designee for the state fair hearing within one business day by the secretary. Each oral request for a state fair hearing shall be reduced to writing by the secretary before it is forwarded.

(e) The applicant's or beneficiary's right to request a state fair hearing shall not be limited or interfered with by the secretary.

Kan. Admin. Regs. § 129-7-10

Authorized by and implementing K.S.A. 65-1,254 and 75-7403; adopted by Kansas Register Volume 43, No. 50; effective 12/27/2024.