1. (a)

   1. (1) When the Office of Appeals and Hearings of the Department of Human Services notifies the Division of County Operations that a petitioner has filed a timely request for a hearing, the caseworker will prepare a county administrative hearing file, which will be separate from the individual’s case record.
   2. (2) Each page in the hearing file shall be numbered.
   3. (3) A copy of the division’s administrative hearing file will be submitted to the Office of Appeals and Hearings within seven (7) days after receiving the memorandum from the Office of Appeals and Hearings.
2. (b) The division’s administrative hearing file shall contain the part of the case record that constitutes documentary evidence supporting the Notice of Adverse Action from which the petitioner is appealing.

3. (c) The following information must be included in the administrative hearing file:

   1. (1)

      1. (A) Notice of Action.
      2. (B) The file must include all notices sent to the petitioner regarding the action under appeal.
      3. (C) The administrative hearing can include only the action specified on the Notice of Action.
      4. (D) The subject of the administrative hearing shall be limited to the action specified in the notice of appeal on which the appeal is based;

   2. (2)

      1. (A) Documentary evidence.
      2. (B) The file must contain the part of the case record that constitutes documentary evidence relevant to the Notice of Adverse Action on which the individual appealed.
      3. (C) Examples of documentary evidence include, but are not limited to:

4. (i) Verification obtained that resulted in the adverse action;

   1. (ii) Any relevant correspondence;

      1. (iii) A copy of the budget, if financial need is the issue;

         1. (iv) Any information supplied by the petitioner; and
         2. (v) Any other pertinent information; and

   2. (3)

      1. (A) County Statement (Form DHS-1203).
      2. (B) The file must include a copy of the County Statement.
      3. (C) The County Statement must state the issue and must contain a summary of all facts and evidence supporting the county office’s position.

      4. (D)

         1. (i) All statements should be in simple language.
         2. (ii) Ambiguous and technical language must be avoided.
         3. (iii) Department of Human Services codes, abbreviations, and acronyms should not be used.

      5. (E) All information will be provided in an alternative format if requested.

         1. (d)
   3. (1) The County Statement will summarize the basis for the division’s action.
   4. (2) However, the County Statement is not evidence.
   5. (3) Complete documentation is required in the division administrative hearing file to support the County Statement.

5. (e) Five (5) copies of the DHS-1203 will be prepared and distributed to the following within seven (7) days of the division’s receipt of the memorandum from the Office of Appeals and Hearings if the appeal was timely filed:

   1. (1) The original will be mailed to the petitioner prior to the date of the hearing;
   2. (2) A copy will be sent to the appropriate Program Eligibility Specialist;
   3. (3) A copy will be sent to the Office of Appeals and Hearings along with the division administrative hearing file;
   4. (4) A copy will be sent to the Office of Chief Counsel of the Department of Human Services; and
   5. (5) A copy will be retained in the file at the county office.
6. (f) The petitioner or his or her representative will be advised by the Office of Appeals and Hearings that the division administrative hearing file can be reviewed at the county office.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “06/08/12”