Ala. Admin. Code r. 660-3-15-.02

Current through Register Vol. 42, No. 10, July 31, 2024

Section 660-3-15-.02 - Hearing Requests

(1) Basis for Request

(a) A request for a hearing may be made by the applicant/recipient, or non-custodial parent, putative parent, or any other person directly affected by actions of the agency, or by someone acting in their behalf. The request may be made when:

1. Application for non-TANF services is denied; or

2. (S)He is dissatisfied with the kind of services being provided, or actions taken, or with any other matter pertaining to those services or actions.

(2) Time Period for Filing Request for Hearing

(a) A request for a hearing must be filed in writing within 30 days following the action (or inaction) with which he is dissatisfied or 30 days following the claimant's learning of said action except for a request for a hearing in State and Federal tax offset cases. A request for a hearing on a pre-tax offset must be postmarked within 30 days after the date on the Decision Regarding Administrative Review in order to qualify for a hearing. A request for a hearing on a post-tax offset must be received within 30 days of the mailing date on the notice from the State Department of Revenue or from the Federal Department of Treasury.

(3) Format of Request for a Hearing

(a) Any clear written statement to the State Department or the County Department that the claimant wants an opportunity to present his case to a higher authority will be accepted as a formal request for a hearing, provided it is determined by the State Department that the request is within the 30-day time limitation for acceptance of appeals, and the determination is made that the claimant has a valid basis for appeal.

(b) The request must provide specific information about the basis for and the date of the dissatisfaction. If the appeal is filed by someone other than the claimant, i.e., his legal guardian or legal representative; in a TANF case the grantee relative; or a lawyer of his choice, there must be a definite statement by the person making the appeal that it is being made upon authorization of the applicant/recipient.

(c) If the appeal is filed by someone other than the claimant, i.e., his legal guardian or legal representative; in a TANF case the grantee relative; or a lawyer of his choice, there must be a definite statement by the person making the appeal that it is being made upon authorization of the applicant/recipient.

Ala. Admin. Code r. 660-3-15-.02

Effective June 28, 1983. Emergency amendment effective October 1, 1983. Permanent amendment effective January 9, 1984.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Author: Clifford Smith

Statutory Authority:42 U.S.C. 651-665; 45 C.F.R. 205-232, 301-306 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, §§ 30-4-80 through -98, 38-2-6, 38-4-5 through -6, 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through -27.