Rule 23-100-5.2 - Types of HearingsA. The client or his representative may request to present an appeal through a local-level hearing, a state-level hearing, or both. In an attempt to resolve issues at the lowest level possible, offices should encourage clients to request a local hearing first. The only exception to requesting a local hearing is when the issue under appeal involves disability, blindness or level of care. Therefore, the actions below which involve medical decisions cannot be addressed in a local hearing. A state hearing must be requested for: 1. A disability or blindness denial, or termination, or2. A level of care denial or termination for a Disabled Child Living at Home.B. Local and/or state level hearings will be held by telephone unless, at the discretion of the hearing officer, it is determined that an in-person hearing is necessary.23 Miss. Code. R. 100-5.2
Miss. Code Ann. § 43-13-116.3 (Rev. 2000).