(a) A petitioner or his or her designated representative may request a hearing by:
- (1) Completing the reverse side of the Notice of Action;
- (2) Making the request by letter to the Office of Appeals and Hearings of the Department of Human Services; or
- (3) Completing, with assistance by the Division of County Operations as needed, a DHS-1200, Appeal for a Hearing Form.
(b)
- (1) The division office will assist the petitioner whenever necessary.
- (2) However, the primary responsibility for providing all information relevant to the administrative appeal rests with the petitioner or his or her representative.
- (c) The division will immediately forward requests for hearings to the Office of Appeals and Hearings.
- (d) Interpreters or special accommodations needed. If the applicant/recipient indicates that he or she needs an interpreter, material in a different format, or other special accommodations, the division must immediately notify the Office of Appeals and Hearings.
(e)
- (1) When an appeal is received in the Office of Appeals and Hearings, the division will be notified.
(2) A memorandum will be sent to the division office to:
- (A) Provide notification that the appeal has been received;
- (B)
(i) Require the division to prepare and submit an administrative hearing file no later than seven (7) days after receiving the memorandum if the appeal was timely filed.
(ii) The hearing file must contain a County Statement (DHS-1203); and
- (C) Require that within three (3) business days of its receipt of the memorandum, the division will return a copy of the Notice of Adverse Action with the memorandum signed by the responding caseworker if the appeal was not timely filed.