0293.000.00 HEARING REQUESTS

The Temporary Assistance (TA) recipient may request a hearing within Family Support Divisions’ (FSD’s) 10-day adverse action period (or at any time within 90 days of the imposition of the sanction).  The adverse action is notification to the TA recipient that their TA benefits are going to be reduced (sanctioned) or their TA case is going to close.

The adverse action notice is sent when (but is not limited to):

• TA benefits are going to be sanctioned (reduced) by 25 percent for failing to comply with work participation, or
• The TA case is going to close based on mail returned and marked by the post office as ‘Unable to Locate’.

A 10-day adverse action is FSD’s official notice of intent to reduce a recipient’s TA benefit for not cooperating with the Missouri Work Assistance (MWA) service provider.  The adverse action notice also advises the recipient of the right to a hearing and to representation of the recipient’s choice.  If the hearing is requested within the 10-day adverse action time period, the recipient can continue receiving the TA benefit at the current amount or the sanctioned amount until the disposition of the hearing.

When a hearing is requested based on the MWA service provider’s recommendation, the MWA service provider becomes the primary “proprietor” of the evidence justifying the sanction recommendation.

When a recipient requests a hearing based on non-cooperation with a work-related activity or mail was returned marked "unable to locate", the hearing unit faxes a copy of the request for hearing, and a copy of the notice of hearing, which includes the date, time, and location of the hearing to FSD Central Office.  FSD Central Office immediately reviews the MWA System record and determines if the sanction alert or the unable to locate alert was sent according to MWA policy.

When the sanction or unable to locate alert was sent in error:

• FSD Central Office staff:
  • Sends an email to the MWA service provider and the FSD local office staff stating:
    • the sanction or unable to locate alert was sent in error;
    • the reason for the error; and
    • local FSD staff is instructed to withdraw from the hearing.
  • Documents the action in case notes in the MWA System.
• The MWA service provider must begin re-engagement efforts immediately.

When the sanction alert or unable to locate alert was sent correctly:

• The MWA service provider and local FSD office staff receives an email stating the alert was sent according to policy and gives the date, time, and place of the hearing.  If only the request for hearing was received by FSD Central Office staff, an email stating policy was followed is sent.  A followed-up email is sent giving the date, time and location once the Notice of State Hearing is received from the hearing unit;
• The MWA service provider must immediately notify the appropriate case manager that s/he is required to participate in the hearing when scheduled; and
• The MWA case manager must be prepared to provide relevant testimony and/or evidence relating to the reason for the sanction or reason unable to locate.  See section 0293.005.00 regarding evidence to submit as evidence for the hearing.

Most hearings are held by telephone at the local FSD office; however, the recipient has the right to request an in-person hearing.  In either instance the appropriate MWA case manager (or supervisory/management staff familiar with the circumstances regarding the recipient’s non-compliance) must participate in the hearing or risk having the hearing officer rule in favor of the recipient based on lack of evidence supporting the FSD’s sanction.

NOTE:  MWA case managers can also participate in the hearing via telephone as long as the required evidence has been provided to the appropriate individuals prior to the hearing.

0293.005.00 SUBMITTING EVIDENCE FOR HEARING

The MWA case manager must provide evidence proving the sanction recommendation or the case closing due to unable to locate  was appropriate to the Family Support Division (FSD) eligibility specialist (or FSD supervisor) within three (3) business days of notification of the hearing and attend the hearing.

Evidence includes:

• the call-in letter(s);
• all returned letter(s), if appropriate;
• the Individual Employment Plan (IEP);
• free-form letters;
• locate attempts;
• conciliation attempts;
• case notes;
• evidence or notes on telephone calls; and
• any other documentary evidence submitted in hard copy form to support the recommendation, if necessary.

MWA staff participating in the hearing must keep one copy of the relevant evidence supporting the request to sanction or close the TA case and supply one copy (ahead of time) to the:

1.  TA Recipient;
2. Hearing officer; and
3. FSD agency witness.

0293.010.00 DURING THE HEARING

The Missouri Work Assistance (MWA) staff participating in the hearing must  make every effort to preserve an informal atmosphere in which the recipient feels at ease to present his/her side of the issue in his/her own words and manner.

Witnesses are sworn-in and the Hearing Officer attempts to impartially obtain full disclosure and discussion of facts and evidence essential to the hearing.

The Hearing Officer will:

• exercise authority and control over the hearing process;
• explain the purpose of the hearing;
• explain the ground rules of the hearing;
• review the reason (s) for the case action;
• swear in the witnesses;
• allow presentation of agency’s action and the evidence for the action (by both Family Support Division (FSD) staff and MWA staff); and
• see that a transcript of the hearing is made.

0293.015.00 TESTIMONY

The Agency Witness (usually the FSD eligibility specialist or supervisor and the MWA case manager or supervisor) is the person(s) officially designated to testify for FSD in a state hearing.  The Agency Witness presents evidence, in chronologic (date) order, and testifies as a witness for the agency, and explains the agency rules, regulations, policies, and guidelines.

NOTE:  Do not cross-examine, enter objections, handle objections, or conduct direct examination.  Only attorneys are allowed to do those things.

Witnesses participating in the hearing are asked to verbally qualify themselves and their evidence prior to providing testimony.  The suggested language to qualify the MWA witness during the hearing is:

“My name is (full name).  I am employed by (name of employer) in the capacity of (working title).  I have been employed by (name of employer) for (number of months or years).  Our office provides case management services to Temporary Assistance recipients through the Missouri Work Assistance program.

I have with me at this hearing the official Missouri Work Assistance case record of (full name of TA recipient).  It is the policy of (name of employer) to maintain a case record on all MWA participants referred to our agency for case management services.

It is the regular course of business for case managers to make entries in the record at or near the time the recipient is seen for services or information about the recipient is obtained.  Entries in the record for (full name of TA recipient) are in the usual form and I will be using information contained in the case record in my testimony.”

The Hearing Officer will then:

• allow for cross examination, challenges and objections of witnesses by the recipient or his/her representative;
• allow for presentation of the recipient’s facts and evidence; and
• keep the evidence focused on the hearing issues.

The recipient or his/her representative:

• presents their facts and documentary evidence;
• discusses the issue and challenges facts and enters objections.

  NOTE:  During this process the Hearing Officer continues to keep the evidence presented focused on the hearings issues.

The Agency Witness(es) may then:

• examine evidence;
• provide rebuttal testimony upon request of the Hearing Officer;
• ask to make testimony, if necessary; and
• request continuance if new information is introduced which might affect the eligibility determination.

The Hearing Office may then reschedule the hearing or approve a continuance, if necessary, or adjourn the hearing, if appropriate.