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Revision 10-4; Effective July 16, 2010
2410 General
Revision 14-5; Effective December 10, 2014
Although program staff may disagree with the hearings officer’s decision, they must carry out the fair hearing decision once it has been made. However, program staff have 20 calendar days from the date of the decision to ask for an exception to the fair hearing decision. The exception process exists to make sure both program staff and hearings officers consistently apply applicable policy.
When a hearings officer issues a fair hearing decision, staff must carry out the decision within the implementation time frames, including restoring benefits to which the appellant is entitled.
2420 Initial Review of the Hearing Decision
Revision 10-4; Effective July 16, 2010
If program staff disagree with the fair hearing decision and initiate the exception process, a memorandum must be sent to the manager of the fair hearings officer that rendered the decision requesting an informal review of the decision, with a copy to the fair hearings administrator.
The fair hearings manager conducts a preliminary review of the decision, with input from relevant stakeholders and provides a response to program.
2430 Memorandum to Program Policy Staff
Revision 10-4; Effective July 16, 2010
If program staff still disagree with the fair hearing decision, program staff must send a memorandum to their policy staff with a copy of the hearings officer’s decision and the outcome of the preliminary review conducted by the fair hearings manager. The fair hearings administrator, fair hearings manager and the appropriate program staff must also receive a copy of the memorandum. The memorandum must include:
- case actions taken by the worker/specialist that led to the appeal;
- a summary of the hearings officer's decision;
- points of disagreement; and
- pertinent policy citations.
2440 Response from Program Policy Staff
Revision 10-4; Effective July 16, 2010
Program policy staff contact the fair hearings administrator after the memorandum is reviewed and prepares a response to the requestor.
If policy staff agrees with the requestor, it does not change the outcome of the appeal. It does, however, provide guidance for hearings officer and staff concerning correct policy and procedures for future decisions, and allows program staff to correct the case for future benefits.
2450 Hearing Manager’s Responsibility in the Exception Process
Revision 10-4; Effective July 16, 2010
Upon receiving an exception to a hearings officer’s decision, the manager will review the case record and recording.