23 Miss. Code. R. 100-5.18

Current through December 10, 2024

Rule 23-100-5.18 - Local Hearings

A. The regional office is responsible for completing a supervisory review of the action under appeal and for preparing the state hearing record. The office is responsible for all activities involved in the local hearing process and for taking appropriate action on the case at the end of the hearing process. The purpose of a local hearing is to provide an informal proceeding to allow the client or representative to:

1. Present new or additional information;

2. Question the action taken on the clients case, and

3. Hear an explanation of eligibility requirements as they pertain to the clients situation.

B. When a request for a local hearing is received, the local hearing will be scheduled no later than twenty (20) days after receipt of the request. The client will be allowed time to obtain additional information or request an attorney, relative or friend to attend the hearing and give evidence. A local hearing must not be scheduled without giving five (5) days advance notice to the client unless the client waives advance notice time.

C. The regional office staff member who conducts the hearing must be one who has not participated in determining eligibility or directed the decision.

D. After a local hearing is held, the person who conducted the hearing will prepare a summary of the hearing procedure. The summary serves the same purpose as a transcript and is filed in the case record. The summary of the local hearing must be included as part of the state hearing record when the client requests a state hearing after an adverse local hearing decision. The local hearing summary must contain sufficient information to enable the state hearing officer to have a clear understanding of what transpired during the local hearing.

E. When a decision has been reached, the client must be notified of the decision and advised of the right to request a state hearing.

F. If the local hearing decision is unfavorable to the clients, the new effective date of closure or reduced benefits must be included on the notification if continuation of benefits applied during the hearing process. The new effective date of closure or reduced benefits must include an effective date at the end of the fifteen (15) day advance notice period. A second (2^nd) Notice of Adverse Action is not required;

G. However, if a state hearing is subsequently requested within the fifteen (15) day advance notice period and continuation of benefits is applicable, the state office will notify the client of the new effective date of closure, reduced benefits or other revised eligibility dates in the state hearing decision letter.

H. Any corrective action that is required must be taken as a result of a local or state hearing decision rendered in the clients favor or for processing the originally-planned action on the case that was the basis for the appeal and continuation of benefits applied pending the hearing decision.

23 Miss. Code. R. 100-5.18

Miss. Code Ann. § 43-13-116.3 (Rev. 2000).