Effective Date - January 1, 2009

1906               Hearing Decision

A.    Understand the recommended decision is sent to the requesting party/representative, the DFS-FO and the Client Advocate within 20 days but no later than 30 days when additional information is requested.

B.    Understand the parties have the opportunity to file exceptions to the decision and a brief within ten days of receiving the decision.

C.   Understand the decision is reviewed for reversible error and the final order is entered.

D.   Understand the final order is then mailed to all parties (certified mail to requesting party/representative).

E.    Realize an appeal can be made by the requesting party/ representative to the District Court within 30 days of receipt and then to the Supreme Court if dissatisfied with that decision.

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NOTES:

Administrative Hearing Flow Chart
	DFS-FO Responsibility				DFS-SO Responsibility
	Client appeals adverse action				Review material
	¯				¯
	Continue FS benefits if requested within 10 days of notice				Approve or deny request
	¯				¯
	Send request to DFS-SO within 5 days of request				Notify the hearing officer to schedule hearing
	¯				¯
	Hold informal conference within 2 or 7 days unless waived				OR       ¯ å
å	¯	å			¯
Issue resolved -  Request written withdrawal and notify Client Advocate	Issue not resolved		Informal conference resolves issue		Informal conference does not resolve issue
	¯	¯			¯
	Prepare Disclosure Statement, exhibits and witnesses			Request dismissal  from the hearing officer	¯
	¯				¯
	Send copies to those involved				Allow hearing to be held and await decision
	¯				¯
	Inform DFS-SO/AG if help needed				Await filing of exceptions within 10 days
	¯				¯
	Attend hearing
	¯				¯
	Await decision				Accept final order and mail to those involved