A representative of the Office of Legal Affairs conducts all Informal Hearings. The representative is referred to as the Hearing Officer. The Hearing Officer provides for the taking of testimony by depositions if necessary and/or appropriate. The Hearing Officer regulates the course of the Hearing, sets the time and place for the Hearing and, if applicable, files briefs and other documents. An Informal Review is not an environment for children. The Hearing Officer may request that children be removed from the Hearing if their presence is being disruptive to the proceedings.
At the informal hearing, both MSHDA and the family have the opportunity to:
The family has the right to legal counsel, advocate, or other designated/authorized representative at its own expense. The Head of Household must be present at the hearing regardless if he/she has apointed a representative.
The family and MSHDA have the right to examine documents that are directly relevant to the hearing. Both parties have the opportunity to examine all documents and records used at the hearing. This language is included in the notice to schedule the hearing forwarded by the Office of Legal Affairs. If requested, copies must be provided (at the requestor’s expense – a standardized cost will be determined).
The hearing concerns only the issues for which the family has received the notification of termination.
Evidence is considered without regard to admissibility under the rules of evidence applicable in a judicial proceeding in a circuit court of this State. Evidence must be reasonable. Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded. Objections to offers of evidence may be made and will be noted in the record.
Factual determinations relating to the individual circumstances of the family are based on a preponderance of the evidence presented at the hearing and not guilt "beyond a reasonable doubt" (i.e. factual and legal basis for the decision to change/terminate assistance and the participant’s claim as to why assistance should be continued or increased).
The Hearing Officer may grant an adjournment or continuance for ‘good cause.’ Good cause includes, but is not limited to, the absence of a material witness or any relevant or necessary evidence. A hearing cannot be adjourned or continued more than once.
The Hearing Officer denies or dismisses a request for an Informal Hearing if:
The record for the Informal Hearing consists of the transcript or recording of testimony and all exhibits presented. The record also includes any requests filed in the Informal Hearing and final opinion, recommendation, and decision of the Hearing Officer. The record is available to the family at a place accessible to the family or their authorized representative.
The Hearing Officer’s opinion and recommendation for a decision is based exclusively on the evidence and other materials or documents introduced at the Informal Review/Hearing.
MSHDA may order a rehearing on its own motion or at the request of another party.
A decision adverse to a family is not subject to rehearing upon the same issue unless newly discovered and relevant evidence is presented containing findings of fact, conclusions of law, and a recommendation as to the proper decision.
Decisions can be appealed to the appropriate State circuit or federal district court as provided by applicable governing statute.