Mo. Code Regs. tit. 19 § 15-6.025
Current through Register Vol. 49, No. 18, September 16, 2024
Section 19 CSR 15-6.025 - Division Formal HearingsPURPOSE: This rule requires the division to provide the opportunity for a formal hearing, describes when a formal hearing may be requested and the procedures to be followed.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency's headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.
(1) The division shall provide the opportunity for a formal hearing, under the following circumstances: (A) To an area agency when the division finds that any provision of the area plan or plan amendment is not approvable and the division proposes to disapprove the area plan or plan amendment;(B) To an area agency when the division proposes to withdraw its designation for the following reasons: 1. The area agency does not meet the requirements of federal and state regulations;2. The area plan or plan amendment is not approved; or3. There is substantial failure in the provisions or administration of an approved area plan to comply with federal and state regulations;(C) To any applicant for designation as a planning and service area whose application is denied by the division;(D) To any nutrition project that was receiving funds under the former Title VII of the Act on September 30, 1978 that an area agency proposes to defund except as provided in 45 CFR Part 74, Subpart M and has appealed the determination through the area agency grievance procedure and the division mediation procedure; and(E) To any other service provider whose application to provide services is denied or whose subgrant or contract is terminated or not renewed except as provided in 45 CFR Part 74, Subpart M and has appealed the determination through the area agency grievance procedure and the division mediation procedure.(2) A written request for a formal hearing shall be filed with the director within thirty (30) calendar days following receipt of notice of the adverse action to be appealed. The written request shall state clearly the actions to be reviewed and enumerate the issues to be resolved. (A) The director shall designate a hearing panel of three (3) impartial decision-makers to hear all appeals. One (1) member shall be the director or designee who shall serve as presiding officer of the hearing panel.(B) The director or designee is responsible for arranging the formal hearing and, within fifteen (15) calendar days of receipt of a request for hearing, shall send written notification to all parties concerned of the date, time and location of the hearing.(C) The hearing shall be completed one hundred twenty (120) calendar days of the date the request for hearing was received by the division.(D) The purpose of the hearing shall be to receive factual information, both verbal and written, related to the identified issues.(E) Letters and other written material regarding matters at issue shall be considered correspondence and shall not be considered as part of the information or the record unless formally introduced by the parties involved and admitted by the presiding officer.(3) The presiding officer shall assure that the aggrieved party received timely written notice of the determination that is being appealed which included the following: (A) Explanation of the reasons for the determination and the evidence on which the determination was based;(B) Provision for the opportunity to review any pertinent evidence upon which the determination was based; and(C) Notification of the right to appeal the determination.(4) The presiding officer shall assure that in the conduct of the hearing the aggrieved party shall have an opportunity to- (A) Appear in person to refute the basis for the decision;(B) Be represented by counsel or other representative;(C) Present witnesses and documentary evidence; and(D) Cross-examine witnesses.(5) The presiding officer shall conduct a fair hearing, avoid delays and maintain order. The presiding officer shall have the authority to- (A) Regulate the course of the hearing;(B) Regulate the participation and conduct of the parties and others at the hearing;(C) Rule on procedural matters;(D) Question all persons presenting information;(E) Receive or exclude information; and(F) Rule on or limit information.(6) The presiding officer shall designate a reporter for the hearing who shall maintain a record of the proceedings. The record shall consist of the verbatim (tape-recorded) information, exhibits, rulings, decisions and all other pertinent papers and requests, except for correspondence.(7) The hearing panel shall issue a final written decision, within sixty (60) calendar days of the date of the hearing, which sets forth the reasons for the hearing panel's decision and the evidence on which the decision is based.(8) Final actions of the hearing panel may include: (A) Withdrawal of designation as appropriate;(B) Withholding of funds as appropriate;(C) Reallocation of funds as appropriate; and/or(D) Other remedies as deemed appropriate.(9) The division may terminate the formal hearing procedures at any point if the division and/or aggrieved parties negotiate a written agreement, signed by both parties, that resolves the issue(s) which led to the hearing.(10) The division shall notify an applicant for designation as a planning and service area who receives an adverse decision from the division's formal hearing of the right to appeal to the commissioner.(11) The division shall retain the complete record for a period of at least three (3) years following the date of the hearing. AUTHORITY: sections 251.070 and 536.023, RSMo 1986;* Executive Order of the Governor filed Jan. 31, 1979, effective Oct. 1, 1979 and in compliance with 45 CFR 1321.15(b)(2). This rule previously filed as 13 CSR 15-6.025. Original rule filed Feb. 10, 1982, effective May 11 , 1982. Moved to 19 CSR 15-6.025, effective Aug. 28, 2001. *Original authority: 251.070, RSMo 1967 and 536.023, RSMo 1975 amended 1976.