PURPOSE: This rule outlines the procedure for appeals from county decisions and subsequent action to be taken on those appeals.

1. (1) If an Old Age Assistance, Nursing Care, Aid to Dependent Children, General Relief, Permanent and Total Disability Assistance or Aid to the Blind application is not acted upon within a reasonable length of time after the filing of the application or is denied in whole or in part, or if any benefits are cancelled or modified and concurrently with each reinvestigation, the applicant or recipient shall be notified in writing by the county family services office of his/her right to appeal to the director of the Division of Family Services; however, those recipients receiving the maximum payment allowed by law will not be notified of their right to appeal on the basis of the amount of grant, following the completion of a reinvestigation of their case. (Original rule filed Sept. 26, 1951, effective Oct. 6, 1951.)
2. (2) If an institutionalized spouse, a community spouse or a representative of either has requested an assessment of countable resources for the month in which institutionalization begins, in accordance with 13 CSR 40-2.030, upon the determination of the spousal share, the institutionalized spouse and the community spouse shall be notified in writing by the county family services office of their rights to appeal to the director of the Division of Family Services. This notice shall inform the institutionalized spouse and community spouse that appeal rights are effective upon application for Medicaid vendor benefits for the institutionalized spouse. Hearings assessment issues shall be held within thirty
3. (30) days of the date of the request for the hearing.
4. (3) Upon the determination of the community spouse monthly income allowance described in 13 CSR 40-2.200, the county family services office shall notify, in writing, the institutionalized spouse and the community spouse, of their rights to appeal to the director of the Division of Family Services.
5. (4) Notice of hearing shall be mailed by registered United States mail to the appellant at least seven (7) days before the date of the hearing, specifying the time, date and place of hearing; provided, however, that a shorter notice period may be used if not prejudicial to the parties. A copy of the notice also will be mailed to the county family services office and to any party of record representing the appellant. (Original rule filed Feb. 20, 1947, effective March 2, 1947.)

6. (5) Procedure with reference to the hearings shall be simple, informal and summary with respect to the conduct of the hearings, but the rules of evidence as applied to civil cases in Missouri shall be applied. Exceptions to adverse rulings are automatically saved to the party ruled against.

   1. (A) Stipulations may be entered into prior to final disposition to—withdraw application for hearing; agree to a statement of facts or agree to any other pertinent matter or order.
   2. (B) Hearings may be adjourned, postponed or continued from time-to-time or place-toplace at the discretion of the director or referee. Continuances of hearings will not be granted as a matter of course unless the request for continuance is received five (5) days prior to the date scheduled for the hearing. Continuances will be granted during the five (5)-day period prior to the hearing only when the hearing officer determines from the request that extraordinary circumstances exist.
   3. (C) Subpoenas to compel the attendance of witnesses and the production of records may be issued by the director or referee upon a statement of the necessity therefore filed by the party requesting the issuance of the subpoena.
   4. (D) Witness and mileage fees to any witness duly subpoenaed shall be paid as follows: Witnesses shall receive one dollar and fifty cents ($1.50) for each day’s attendance and in all cases five cents (5¢) per mile for each mile actually traveled. These witnesses and mileage fees may be claimed only at the time and place of hearing or the hearing adjournment and shall be certified by the witness and approved by the director or referee. Payment shall be made as other payments out of the Division of Family Services Administration Fund. Under no circumstances shall parties to the case or their relatives be granted witness fees.
   5. (E) If any appellant fails to enter his/her appearance either in person or by duly authorized representative or show good cause for not appearing at any hearing, his/her appeal shall be dismissed for want of prosecution.
   6. (F) Briefs setting forth written argument on the law and the facts may be filed in any case within a specified time designated by the director or referee.
   7. (G) Within a reasonable time after the conclusion of a hearing, the director of the Division of Family Services will render a decision which shall include a statement of the Findings of Fact and Conclusions of Law. A copy of the decision will be sent to the appellant by registered United States mail. A copy also will be mailed to the county family services office and to any duly authorized representative of the appellant. (Original rule filed Feb. 20, 1947, effective March 2, 1947.)
7. (6) There are established the positions of state hearing officer within the Division of Legal Services in order to comply with all pertinent federal and state law and regulations. The state hearing officers shall have authority to conduct state level hearings of a pretermination or appeal nature. They shall serve as direct representatives of the director of the Division of Family Services. All decisions issued as a result of the hearing so conducted by the hearing officers shall be in the name of the director of the Division of Family Services. Although the hearing officers may be assigned to a certain area, this authority to conduct hearings shall be statewide. The authority of the hearing officers to conduct hearings shall apply to all programs administered by the director of the Division of Family Services. (Original rule filed April 1, 1975, effective April 10, 1975.)

AUTHORITY: section 207.020, RSMo 1986.* Filing dates for original rules are shown in the text of the rule. This version filed March 24, 1976. Amended: Filed April 14, 1980, effective Aug. 11, 1980. Emergency amendment filed Sept. 19, 1989, effective Oct. 1, 1989, expired Jan. 28, 1990. Amended: Filed Nov. 2, 1989, effective Jan. 26, 1990. Amended: Filed Jan. 10, 1990, effective April 12, 1990. *Original authority 1945, amended 1961, 1965, 1977, 1981, 1982, 1986. Connors v. Missouri Division of Family Services, 576 SW2d 578 (Mo. App. 1979). Physician member of medical review team which denied claimant’s application was not present for cross-examination at the hearing. Claimant’s failure to subpoena physician under 13 CSR 40-2.160(3)(C) precludes her from complaining on appeal of a deprivation of her right to cross-examine the physician.