reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-3 - RULE-MAKING AND RELATED MATTERS › Section 660-1-3-.01 - Rule-making Authority And Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
The Department has express statutory authority to promulgate
				rules and regulations and the authority to amend or repeal such rules and
				regulations. In the exercise of this authority the Department shall be governed
				in its conduct by the provisions of the Alabama Administrative Procedure Act,
				as amended and codified, and by any additional provisions required by law in
				all matters pertaining thereto.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-3, 5, 6, 8, 10, 12, §
										38-4-2, §
										38-7-7; Administrative Procedure
				  Act, as amended and codified (
Code
, §
				  41-22).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-3 - RULE-MAKING AND RELATED MATTERS › Section 660-1-3-.02 - Emergency Rule Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Commissioner of the Department, upon express finding or determination that
			 there exists an immediate danger to the public health, safety or welfare, or
			 that loss of federal funds is imminent, may adopt and implement one or more
			 Emergency rules, without giving notice required by law.
(2) An emergency rule may be effective up to
			 120 days. The emergency rule shall state its effective dates, both beginning
			 and ending.
(3) During the period
			 that an emergency rule is in effect the Department shall give notice of and
			 promulgate a permanent rule to replace the emergency rule, unless the emergency
			 rule is one designed to fill a specific need or to solve a specific problem and
			 that need or problem is not expected to reoccur.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-5.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-3 - RULE-MAKING AND RELATED MATTERS › Section 660-1-3-.03 - Public Petitions For Adoption, Repeal Or Change Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any authorized
			 person or organization may petition the Department for the adoption of a new
			 rule or for the repeal or change of an existing rule. A petition for such
			 actions requires the submission of a Departmental Petition for a Rule Change
			 form (or facsimile), a copy of which can be found in Appendix A. Copies of the
			 form may be obtained, without cost, from the State Office of the
			 Department.
(2) Action by the
			 Department on such a petition shall be within 60 days of receipt by the
			 Department.
(3) A petitioner or his
			 or her representative must meet the requirements related to persons authorized
			 to practice before the Department. These requirements are set forth in Rule No.
			 660-1-3-.05.
(4) A petition for the adoption of a new rule
			 or the repeal or change of an existing rule if presented by other than the true
			 party in interest must be accompanied by a Departmental Appointment of
			 Representative form (or facsimile), a copy of which can be found in Appendix A.
			 Copies of the form may be obtained, without cost, from the State Office of the
			 Department.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-8.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-3 - RULE-MAKING AND RELATED MATTERS › Section 660-1-3-.04 - Public Petition For A Declaratory Ruling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person or organization substantially
			 affected by an existing rule may, as provided for in the Alabama Administrative
			 Procedure Act, as amended and codified, challenge the validity and/or
			 applicability of said rule by petitioning the Department to issue a declaratory
			 ruling on the substance pertaining thereto. A petition for such action requires
			 the submission of a Departmental Petition for Declaratory Ruling form (or
			 facsimile), a copy of which can be found in Appendix A. Copies of the form may
			 be obtained, without cost, from the State Office of the Department.
(2) If such a petition cannot be acted upon
			 within 45 days of its receipt by the Department, the petition may be deemed
			 denied as provided by §
								41-22-11(b) of
Code
, or the petitioner may agree to an extension in
			 order to obtain a ruling. The Department will advise the petitioner if an
			 extension would aid the Department. The petitioner need not agree to the
			 extension, but may agree if a ruling is desired.
(3) A petitioner or his or her representative
			 must meet the requirements related to persons authorized to practice before the
			 Department. These requirements are set forth in Rule No.
			 660-1-3-.05.
(4) A petition for a declaratory ruling by
			 the Department if presented by other than the true party in interest must be
			 accompanied by a Departmental Appointment of Representative form (or
			 facsimile), a copy of which can be found in Appendix A. Copies of the form may
			 be obtained, without cost, from the State Office of the Department.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-11.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-3 - RULE-MAKING AND RELATED MATTERS › Section 660-1-3-.05 - Rules Of Practice Before The Department Related To The Rule-making Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 matters related to public participation in rule-making and the challenge of
			 existing rules through the declaratory ruling process, any properly authorized
			 person over 18 years of age may practice before the Department. Persons acting
			 in behalf of the true party in interest may include, but are not limited to:
(a) Attorneys;
(b) Accountants;
(c) Officers or employees of service
			 contractors or providers;
(d) An
			 adult relative or friend of an applicant or recipient; or
(e) The legal guardian of an applicant or
			 recipient.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-4 - FORMS › Section 660-1-4-.01 - Departmental Forms Index

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Departmental Forms Index is hereby promulgated as a rule of the Department. The
			 index, Appendix B, contains a listing of all forms used by the Department to
			 inform and otherwise impart information to the public, to solicit, to gather,
			 to verify, to certify and to record information required of and from the public
			 by the various programs of the Department. Internal forms used for Departmental
			 management, control, operations and communication are excluded from the
			 index.
(2) Appendix A is provided
			 to facilitate the use of the index. Appendix A includes:
(a) Abbreviations used in the index;
			 and
(b) Organization of the index
			 by Departmental divisions and program/service areas.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-4 - FORMS › Section 660-1-4-.02 - Obtaining Copies Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Single copies of forms may be obtained, without cost, by written request or
			 contact with the State Office or main county offices of the
			 Department.
(2) A list of internal
			 forms excluded from the Departmental Forms Index and single copies therefrom
			 may be obtained, without cost, by written request or contact with the State
			 Office.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a)(2).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Aggrieved person
. An "aggrieved person" as used in
			 these rules includes persons contending one of the following: that their claim
			 for financial assistance, benefits, or services has been denied; or that their
			 application has not been acted upon within the Department's standard of
			 promptness; or that they have been notified that there will be a suspension,
			 reduction, or discontinuance of assistance, benefits, or services; or that they
			 have been aggrieved by a failure to take account of recipient choice in
			 assignment to a program, or a determination that the individual not participate
			 in a service program; or that they are adversely affected by any action or
			 inaction of the Department.
(2)
Department
. "Department" as used in these rules means,
			 unless specified, the Alabama State Department of Human Resources.
(3)
Appeal
. "Appeal"
			 as used in these rules denotes a judicial review requested by an appellant of a
			 decision made by the agency or its designee.
(4)
Appellant
.
			 "Appellant" as used in these rules denotes a person who claims or asserts a
			 demand or right or party who takes an appeal from a hearing to an Alabama
			 circuit court.
(5)
Claimant
. "Claimant" as used in these rules denotes a
			 person who claims or asserts a right or demand.
(6)
Commissioner
.
			 "Commissioner" as used in these rules means the Commissioner of the State
			 Department of Human Resources.
(7)
Due Process
. "Due process" as used in these rules
			 denotes the rights of a person affected by an agency decision to present a
			 complaint at a hearing and to be heard, by testimony or otherwise, and to have
			 the right of controverting, by proof, every material fact which bears on the
			 questions of the individual's rights in the matter involved without undue delay
			 or hindrance.
(8)
Fair
			 Hearing
. "Fair hearing" or "hearing" as used in these rules
			 denotes a hearing in which authority is exercised fairly and consistently where
			 the fundamental principles of justice are embraced within the conception of due
			 process of law.
(9)
Gender
. Words in the masculine gender include the
			 feminine and neuter.
(10)
Hearing Authority
. "Hearing Authority" as used in
			 these rules means the person or persons entitled to make the final
			 administrative decision for the Department.
(11)
Party
. "Party"
			 as used in these rules means each person or agency or department named or
			 admitted as a party or properly seeking and entitled as a matter of right to be
			 admitted as a party, or admitted as an intervenor.
(12)
Person
.
			 "Person" as used in these rules means any individual, partnership, corporation,
			 association, governmental subdivision, or public or private organization of any
			 character other than an agency or department.
J. Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5 through -6, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.02 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
. The Department of Human Resources,
			 hereinafter referred to as the Department, or the State Department or County
			 Department when appropriate, is required to provide notice and opportunity for
			 a hearing to any aggrieved person entitled by law to be given an opportunity
			 for a hearing when the Department's action, intended action, or failure to act
			 would adversely affect the individual's or family's right to assistance,
			 benefits, or services.
(2)
Choice of Action
. Any aggrieved person requesting a
			 review has a choice of whether such review shall be handled through an informal
			 county conference, an informal review by the State Department, or a hearing.
			 Upon notification that the aggrieved person is dissatisfied with the action
			 taken or not taken, the Department has the responsibility to explain the
			 methods by which the complaint may be handled. The initiation of an informal
			 conference or State review has no effect on the time period for taking an
			 appeal or requesting a hearing. All appeals or requests for hearing must comply
			 with applicable time periods to be considered.
(3)
Informal
			 Conference
.
(a) County
			 Department Conference. At the request of the aggrieved person or his
			 representative, either before or after the hearing request, an opportunity
			 shall be provided for a county conference with the County Department to discuss
			 the situation, to obtain an explanation of the action, proposed action or
			 action not taken, and to present information to show that the action in
			 question is incorrect. After a hearing has been requested, any informal
			 resolution of the case must be in writing.
(b) State Department Review. At the request
			 of the aggrieved person or his representative, either before or after a hearing
			 request, an opportunity shall be provided for an informal review by the State
			 Department. After the case record is reviewed, the State Department will notify
			 the aggrieved person or his representative and the County Department of the
			 results of the review. After a hearing has been requested, any informal
			 resolution of a case must be in writing.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.03 - Hearing Requests

Current through Register Vol. 42, No. 9, June 28, 2024
A request for a hearing may be made by an aggrieved person or
				his representative or legal counsel. A hearing request is any clear written
				statement to the State Department or County Department that the aggrieved
				person wants the opportunity to present the case to a higher authority. An oral
				hearing request may be made in the Food Stamp program. The request for a
				hearing must be postmarked within 60 days (15 days for the Individual Family
				Grant program) following the action (or inaction) with which the aggrieved
				person is dissatisfied. In the absence of a legible postmark, the State or
				County Department will assume the request was mailed three days prior to its
				receipt. If the aggrieved person or his representative presents a written
				statement to the State or County Department, the date the statement is
				presented will be considered the filing date. (A request for a state-level
				administrative disqualification hearing in the Food Stamp program must be made
				within 15 days of the mailing of the county-level administrative
				disqualification decision.)
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.04 - Acknowledgment Of Hearing Requests

Current through Register Vol. 42, No. 9, June 28, 2024
After receiving notice of the request for a hearing, the
				hearing officer will notify the aggrieved person or his representative whether
				or not the request is accepted and, if not, why. If accepted, the aggrieved
				person will be mailed the following information:
(a) The hearing procedure;
(b) The aggrieved person's right to present
			 the case or be represented by legal counsel or any other person;
(c) The aggrieved person's right to present
			 written evidence and oral testimony and to bring to the hearing members of his
			 family, and other persons to serve as witnesses;
(d) The aggrieved person's and his
			 representative's right to review in the County Department, at reasonable times
			 prior to or during the hearing, the case file and written material which will
			 be placed on exhibit or in evidence by the Department at the hearing;
(e) The fact that the hearing will be held at
			 a convenient location and that he will be notified in advance of the time,
			 date, and place of the hearing; and
(f) The right to request issuance of
			 subpoenas to witnesses and the fact that the request must be received no later
			 than 10 days prior to the hearing.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5 through -6, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.05 - Denial Or Dismissal Of Hearing Requests

Current through Register Vol. 42, No. 9, June 28, 2024
The hearing officer shall issue a final decision denying or
				dismissing a hearing request in writing with or without a hearing in the
				following situations:
(a) If the
			 request is not filed within the applicable time period;
(b) If the request has been
			 withdrawn;
(c) If an aggrieved
			 person, after proper proof of service, without good cause, fails to appear at
			 the hearing;
(d) If a person
			 applies for a service which is not in the Title XX Plan or provided by the
			 Department;
(e) If a person is not
			 entitled by law to be given an opportunity for a hearing, or fails to prosecute
			 the hearing;
(f) When protective or
			 child support services are provided as required by law or by court
			 order;
(g) When the issue involves
			 a collateral challenge to the validity or provisions of a judicial or
			 non-department administrative order, including issues relating to custody or
			 support of children;
(h) If the
			 request is submitted by or on behalf of a provider of foster care for adults or
			 children, an adult day care provider, or potential provider of such
			 services;
(i) When benefits or
			 services are reduced or terminated to a class of recipients due to changes in
			 state or federal laws or regulations or the Title XX State Plan or changes in
			 funding; or
(j) Where the issue is
			 moot or where the Department has cancelled the adverse action against the
			 person requesting the hearing, or where the Department has not taken adverse
			 action against the person requesting the hearing or where the statute of
			 limitations applies to bar the claim;
(k) In addition to the above, requests for
			 hearings with regard to dispositions in child abuse or neglect investigations
			 or adult abuse, neglect, or exploitation investigations shall be denied or
			 dismissed where the applicable two-year statute of limitations has run on the
			 disposition. For purposes of determining the starting date of the statute of
			 limitations, there must have been contact between personnel investigating the
			 report and the alleged perpetrator.
Author:
James E. Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.06 - Withdrawal And Settlement Of Hearing Requests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Withdrawal. A hearing may not be
			 cancelled without the written consent of the aggrieved person or his
			 representative. The letter of withdrawal may be presented or mailed to either
			 the County or State Department. A verbal statement withdrawing a hearing
			 request will be accepted if the aggrieved person refuses to write a letter of
			 withdrawal. The request for a hearing will be considered to be withdrawn as of
			 the postmark date on the letter, the date the aggrieved person or his
			 representative presents the withdrawal statement to the County or State
			 Department, or the date the aggrieved person states his wishes to withdraw his
			 request for a hearing. Under programs administered by the Family Assistance
			 Division, for example, the Food Stamp Program and Programs funded by Title
			 IV-A, oral withdrawals of hearing requests are allowed if confirmed in writing
			 by the Department.
(2) Settlement.
			 A hearing request may be resolved by stipulation, settlement, consent default,
			 or other agreement in writing. The agreement must be filed with the hearing
			 officer and made a part of the hearing record.
Author:
James E. Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27;
				  Public
				  Law 104-193 (Personal Responsibility and Work
				  Opportunity Reconciliation Act of 1996.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.07 - 7 Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Content of Notice. The notice of the
			 hearing must include:
(a) Date, time, place,
			 and nature of the hearing;
(b)
			 Statement of legal authority and jurisdiction;
(c) Reference to particular sections of the
			 statutes and rules involved; and
(d) A short, plain statement of the matters
			 asserted or issues involved.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.08 - The Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 The hearing officer is an employee, panel of employees or designee, including a
			 designee by contract or agreement, of the State Department of Human Resources.
			 The hearing officer cannot conduct a hearing of any case in which he/she has
			 taken part or assisted in the Department's action. The hearing officer
			 exercises full control over the conduct of the hearing. The hearing officer is
			 the hearing authority entitled to make the final administrative decision for
			 the Department.
(b) The duties of
			 the hearing officer include, but are not limited to, the following:
1. To direct the hearing;
2. To explain the conduct of the
			 hearing;
3. To hear
			 testimony;
4. To administer oaths
			 and to examine witnesses and otherwise receive evidence having a bearing on the
			 point or points at issue. In examining witnesses and in the general conduct of
			 the hearing, the hearing officer must maintain an attitude of impartiality. The
			 only objective in examining witnesses shall be to attempt to arrive at the
			 truth concerning the issues involved;
5. To order, where relevant, necessary, and
			 useful, an independent medical assessment or professional evaluation, at agency
			 expense. In the Food Stamp program, the Department and the aggrieved person
			 must agree as to the source of the assessment or evaluation;
6. To decide on the admissibility of
			 evidence;
7. To decide on the kind
			 of record to be made of the hearing;
8. To render a final decision;
9. To sign and issue subpoenas to witnesses
			 or for the production of papers and writings;
10. To grant or deny and set time and place
			 for continuances, postponements or further submissions of evidence, arguments
			 or briefs;
11. To grant or deny
			 petitions or motions to amend, intervene or apply for rehearing; and
12. To reprimand, exclude, or limit the
			 presence of witnesses or other persons at the hearing because of improper
			 conduct, space limitations or a sequestrian request by a party or on his own
			 motion.
13. To issue discovery
			 orders related to relevant matters as provided by these rules and protective
			 orders in accordance with the Rules of Civil Procedure.
Author:
James E. Long
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.09 - Issuance Of Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
The County or State Department, an aggrieved person, or their
				representatives, shall have the right to request the issuance of subpoenas to
				witnesses and compel their attendance and the production of papers and
				writings. The request for a subpoena may be made orally, must be confirmed in
				writing and must be accompanied by the name and address of the person to be
				subpoenaed. The request for a subpoena must be received no later than 10 days
				prior to the date of the hearing. The request must be sent to the hearing
				officer who shall issue the subpoena. The subpoena may be served by any of the
				means specified in Rule
				660-1-5-.07(2) 
				for service of the notice of hearing. A reasonable charge may be made for the
				processing and service of subpoenas. The Commissioner or the hearing officer
				may issue subpoenas.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-1 through -13, 38-4-5 through
				  -6, 41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.10 - Final Decision

Current through Register Vol. 42, No. 9, June 28, 2024
The final administrative action on a hearing request shall be
				made within 90 days in the Aid to Families with Dependent Children program (60
				days for the Food Stamp program and 45 days for the Individual and Family Grant
				program) of the effective date of the request and within 30 days of the hearing
				date unless waived by the aggrieved person and the County Department or their
				representatives. In all hearings, final administrative action shall be made
				within 30 days after the hearing is concluded, or authorized written or oral
				material has been received if there is no hearing; provided, however, that the
				30-day period may be waived or extended with the consent of all parties or as
				otherwise authorized by applicable law. The final decision shall be in writing
				signed by the hearing officer, made a part of the hearing record, and contain
				findings of facts and conclusions of law separately stated. The hearing officer
				is the hearing authority entitled to make the final administrative decision for
				the Department. The hearing decision shall be served by certified mail, return
				receipt requested, unless waived by the aggrieved person, County Department, or
				their representatives. The decision is final and binding upon the aggrieved
				person and the Department. The Department shall take immediate steps to see
				that any necessary action is taken.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-1 through -13, 38-4-5 through
				  -6, 41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.11 - Group Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
A group hearing for two or more aggrieved persons may be held
				when the factual issues involved arise out of the same o related circumstances
				or the cases share common legal issues. Each aggrieved person shall be
				permitted to present his case or to have his case presented by his
				representative. The hearing officer will limit the number of cases to be heard
				in a single group hearing to insure an orderly process and to provide adequate
				opportunity for each case to be heard. All policies governing individual
				hearings will apply. Each aggrieved person will be given an individual decision
				in writing. The hearing officer may, in his discretion, grant a request by an
				aggrieved person, or his representative, for an individual hearing rather than
				participate in a group hearing.
Author:
James Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.12 - Combined Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The hearing officer may combine two or more hearings or a fair
				hearing and a state-level administrative disqualification hearing into a single
				hearing if the factual issues arise out of the same, or related, circumstances,
				or the cases share common legal issues and the aggrieved person receives prior
				notice that the hearings will be combined.
Author:
James Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.13 - Failure To Attend Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the aggrieved person, the County
			 Department, or their representatives fail to appear at the hearing after proper
			 notice, the hearing officer may, if no adjournment or postponement is granted,
			 proceed with the hearing and make a final decision in the absence of such
			 parties. The hearing officer may also dismiss a hearing request for failure to
			 appear without good cause. If the hearing officer proceeds with the hearing,
			 the party failing to appear may apply for a rehearing based upon good cause
			 within 15 days of an adverse decision. The procedures of Rule
			 660-1-5-.14 shall be followed in
			 applications for rehearing based upon good cause.
(2) Adjournment, continuance or postponement,
			 rescheduling or reopening of the hearing may be granted by the hearing officer
			 for good cause including, but not limited to, death in the family, serious
			 personal injury or illness, and sudden and unexpected emergencies.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-1 through -13, 38-4-5 through
				  -6, 41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.14 - Application For Rehearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 aggrieved person, the County Department, or their representatives may file an
			 application for a rehearing within 15 days of the final decision. The
			 application shall specify in detail the grounds for the relief sought and
			 authorities in support thereof. The filing of such an application shall not
			 extend, modify, suspend or delay the effective date of the decision unless or
			 until said decision shall be superseded, modified, or set aside in a manner
			 provided by law. Copies are to be served on all parties who may file replies
			 thereto within 10 days. Service may be made by any of the means specified in
			 Rule 660-1-5-.07 for service of the
			 notice of hearing.
(2) The
			 application for rehearing may be granted only if the final decision is:
(a) In violation of constitutional or
			 statutory provisions;
(b) In excess
			 of the statutory authority of the Department;
(c) In violation of a rule of the
			 Department;
(d) Made upon unlawful
			 procedure;
(e) Affected by other
			 error of law;
(f) Clearly erroneous
			 in view of the reliable, probative, and substantial evidence on the whole
			 record; or
(g) Unreasonable,
			 arbitrary, or capricious or characterized by an abuse of discretion or a
			 clearly unwarranted exercise of discretion.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.15 - Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
An aggrieved person still dissatisfied after the final decision
				shall be entitled to file a notice of appeal and a cost bond of the decision
				with the State or County Department. The notice and cost bond must be received
				within 30 days after the receipt of the final decision or within 30 days after
				receipt of the decision on a request for rehearing. A petition for review must
				be filed with the appropriate circuit court within 30 days of the filing of the
				notice of appeal. The notice of appeal and petition for review must comply with
				all statutory requirements. The filing of the notice of appeal or petition for
				review will not delay enforcement of the final decision unless a court of
				competent jurisdiction shall enter an order to the contrary.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.16 - Retroactive And Unentitled Benefits Or Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Retroactive Benefits or Services. If the
			 hearing decision states that benefits or services have been improperly
			 withheld, reduced, denied, or terminated by incorrect action, the Department
			 will take appropriate corrective or compensatory action as soon as
			 possible.
(2) Unentitled Benefits
			 or Services. If benefits or services are continued without reduction because
			 the aggrieved person requests a hearing prior to the effective date of the
			 action, proposed or taken, and the action is sustained by a hearing decision or
			 the aggrieved person withdraws his request for a hearing, the aggrieved person
			 is responsible for the repayment of unentitled benefits or services received
			 during the hearing period. The Department will take appropriate corrective or
			 compensatory action as soon as possible.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.17 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Hearing
			 Record. The hearing record includes: all pleadings, motions and intermediate
			 rulings; all evidence received or considered; a statement of all matters
			 officially noticed; all questions and offer of proof; all objections and
			 rulings thereon; all proposed findings and exceptions; any decision, opinion,
			 or report by the hearing officer; any staff memoranda or data submitted; and
			 any stenographic notes, reporter or machine recording of the oral proceedings
			 or transcription thereof.
(2)
			 Inspection. The hearing record shall be made available to the aggrieved person
			 or his representative at reasonable times for copying and inspection. A
			 reasonable charge may be made for copying, transcription and other services
			 provided.
(3) Retention. The
			 hearing record shall be maintained by the Department for at least five (5)
			 years.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.18 - Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
The general hearing rules contained in this chapter may not be
				applicable to all hearings conducted by the Department. Chapters contained in
				the Administrative Code of the Department relating to specific program areas
				may make modifications or exceptions to the rules contained in this chapter. If
				inconsistent, rules contained in specific program areas and the requirements of
				State or federal laws and regulations supersede this chapter.
(a) Food Stamp Program. The procedures
			 contained in this chapter apply to Food Stamp fair hearings and state-level
			 administrative disqualification hearings. The procedures contained in this
			 chapter do not apply to county-level administrative disqualification hearings.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.19 - Teleconference Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
A teleconference hearing is a hearing conducted by the hearing
				officer over the telephone. A teleconference hearing may be conducted only with
				the consent and agreement of all parties, or their representatives, and the
				hearing officer. Any party or the hearing officer may request consent or
				agreement to conduct a teleconference hearing. All parties shall be notified at
				least ten (10) days in advance of the time and date scheduled for a
				teleconference hearing. The notice may be made a part of or sent separately
				from the notice of hearing and may be served by any of the methods specified in
				Rule 660-1-5-.07(2).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.20 - Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
1. The rules of
			 evidence as followed by the circuit courts of the State are applicable to the
			 hearing, but strict adherence is not required. Evidence, including hearsay
			 evidence, will be received at the discretion of the hearing officer if it is a
			 type commonly relied upon by reasonably prudent persons in the conduct of their
			 affairs. Relevant and material evidence, including hearsay evidence, visual
			 drawings, and testimony about the use of anatomically correct dolls, is
			 admissible at the hearing.
2. All
			 witnesses may testify at the hearing without prior qualification.
3. The hearing officer shall determine the
			 weight and credibility to be given to the testimony of all witnesses.
4. Videotaped, deposition, or other recorded
			 testimony of a witness may be allowed.
5. Leading questions may be allowed of a
			 witness.
6. Testimony and evidence
			 admissible under the following statutes are also admissible in hearings:
Code of Ala. 1975
, §§
								12-15-310,
			 15-25-1 through -6, and 15-25-30
			 through -40.
7. The standard of
			 proof for all Department hearings is preponderance of the evidence, unless
			 otherwise provided by law or Department rule.
Author:
James Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -17.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.21 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of discovery as followed by the courts of this State
				do not apply to the hearing. The aggrieved person has the following rights of
				access to information after a written request:
(a) To be provided a short and plain written
			 statement of the matters asserted which will be presented at the hearing. The
			 request must be received by the Department at least five (5) working days prior
			 to the date set for the hearing to be timely. The granting of a recess during
			 the hearing while materials are reviewed or copied is at the discretion of the
			 hearing officer.
(b) To review and
			 copy at cost any written or recorded statement made by the aggrieved person to
			 Department personnel regarding the matter at issue in the hearing. The granting
			 of a recess during the hearing while materials are reviewed or copied is at the
			 discretion of the hearing officer.
(c) To review and copy at cost, before or
			 during the hearing, the written material and other evidence in possession of
			 the Department which will be placed into evidence at the hearing. The granting
			 of a recess during the hearing while materials are reviewed or copied is at the
			 discretion of the hearing officer.
(d) To an in camera (i.e., private)
			 inspection by the hearing officer or an order issued to the Department by the
			 hearing officer to review relevant Department record(s) to determine if there
			 is any material exculpatory evidence (i.e., evidence tending to clear, support,
			 or exonerate) in those records not available to the person through other
			 sources which must be released as necessary to the constitutional fairness of
			 the hearing. Such a request must be received by the hearing officer at least
			 five (5) working days prior to the date set for the hearing to be timely. The
			 granting of a recess during the hearing while materials are reviewed or copied
			 is at the discretion of the hearing officer.
(e) To review and copy at cost all
			 non-confidential Department documents. The granting of a recess during the
			 hearing while materials are reviewed or copied is at the discretion of the
			 hearing officer.
(f) To review and
			 copy at cost all documents in the official hearing file maintained by the
			 hearing officer. The granting of a recess during the hearing while materials
			 are reviewed or copied is at the discretion of the hearing officer.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5,
				  41-22-1 through -17.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-5 - HEARINGS › Section 660-1-5-.22 - Public Access

Current through Register Vol. 42, No. 9, June 28, 2024
Department hearings involve confidential matters and are not
				open to the public. However, the hearing officer may allow an attorney
				representing a witness as well as certain other interested persons (i.e.,
				persons with an administrative, regulatory, or law-enforcement interest) to be
				present as non-participants with the consent of the Department and the
				aggrieved person.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-8,
				  38-2-6(8),
				  38-4-5,
				  38-7-13,
				  38-9-6,
				  41-22-1 through -17.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Access." As
			 used in this chapter, "access" refers to disclosure and release of Department
			 records.
(2) "Disclosure or
			 Disclosed." As used in this chapter, "disclosure" or "disclosed" refers to oral
			 or written acknowledgment or revelation of certain information contained in
			 Departmental records, but not actual release of documents contained in those
			 records.
(3) "Confidential
			 Materials." Information and records made confidential by law, court decision,
			 rule of court or Departmental rule, and including, but not limited to:
(a) materials received by a public officer in
			 confidence;
(b) sensitive personnel
			 materials;
(c) materials on pending
			 criminal investigations;
(d)
			 material whose release would be detrimental to the public interest;
(e) intra-governmental executive privilege
			 materials reflecting advisory opinions, recommendations and deliberations by
			 government officials and employees in the course of decision making and policy
			 formulation;
(f) other recognized
			 privileged materials such as those covered by the attorney-client, attorney
			 work-product, and confidential informer privilege;
(g) materials not constituting information or
			 records of the business and activities of the Department.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.02 - Cases Referred By The Department

Current through Register Vol. 42, No. 9, June 28, 2024
Where a case has been referred to the Attorney General or a
				District Attorney or an approved Department attorney by the Department,
				disclosure and release of records and all other confidential information
				relating to the particular incident(s) referred shall be allowed without a
				subpoena to the person to whom referred.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-8,
				  38-2-6,
				  38-7-13,
				  41-22-4.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.03 - Cases Not Referred By The Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where a case has not been referred to the
			 Attorney General or a District Attorney or an approved Department attorney by
			 the Department, disclosure and release of records and other confidential
			 information shall be allowed only upon receipt of an Alabama subpoena or
			 subpoena duces tecum (a subpoena to produce documents) issued by either the
			 Attorney General, District Attorney, a grand jury, or a court of law. The
			 subpoena or subpoena duces tecum shall name the person whose records are sought
			 and only those records named in the subpoena shall be released. Subpoenas are
			 sufficient Authority to release records and other confidential information in
			 fraud cases involving programs administered by the Department being
			 investigated by the Attorney General, a District Attorney, a grand Jury, or
			 other law enforcement officials. Subpoenas issued in cases not referred by the
			 Department or not involving program-related fraud investigations shall be
			 resisted by apprising the Court of the relevant law and asking for a judicial
			 determination or by filing a motion for a protective order. Subpoenas issued by
			 law courts outside Alabama, ecclesiastical courts or by agencies or other
			 administrative bodies shall also be resisted by refusal to disclose or release
			 the requested information without a competent Alabama or federal court
			 order.
(2) Notwithstanding
			 660-1-6-.03(1) 
			 above, disclosure and release of Departmental records or other confidential
			 information in cases not referred by the Department may be allowed:
(a) jurisdiction. Upon an order of a court of
			 competent
(b) As part of on-going
			 court litigation.
(c) In
			 anticipation of or to prevent court litigation.
(d) Where disclosure or release is allowed or
			 required by law or otherwise determined to promote the functions of the
			 Department.
Author:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.04 - Records To Be Removed From The Office

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In cases not referred by the Department,
			 a subpoena to produce documents (called a subpoena duces tecum) shall be
			 received before any original case record, or copies thereof, can be removed
			 from the office to be produced and released elsewhere. A subpoena duces tecum
			 shall also be received in situations requiring removal of the case record or
			 parts of the case record from the office, regardless of whether the documents
			 will leave the physical custody of the Department.
(2) In cases referred by the Department, the
			 Attorney General, District Attorney, or approved Department attorney should
			 issue, or have issued, a written request or a subpoena in situations requiring
			 the removal of the original case record from the office for trial, handwriting
			 analysis, or any other reason. However, in cases referred by the Department,
			 and in situations falling under Rule
			 660-1-6-.05, copies of material
			 contained in the case record may be made and released to the Attorney General,
			 District Attorney, or approved attorney without a written request or a subpoena
			 or subpoena duces tecum.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-8,
				  38-2-6,
				  38-7-13,
				  41-22-4.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.05 - Child Abuse And Neglect Records

Current through Register Vol. 42, No. 9, June 28, 2024
Child Abuse and Neglect (CA/N) records and other confidential
				information shall not be used or disclosed for any purposes other than:
(a) persons in a position to help or assist
			 in the prevention or discovery of abuse or neglect of children through the
			 information contained therein;
(1) Upon
			 approved request, to an employer or potential employer of an employee where the
			 employment involves care or supervision of children. An employer is one who
			 engages persons for either paid or voluntary positions. This would include a
			 public or private child care agency, center or institution in clearing persons
			 who are applying for employment or to be foster or adoptive parents. This would
			 include organizations such as Boy Scouts, Girl Scouts, summer camp programs,
			 YMCA, etc. All requests must be submitted on an approved Department form.
			 Clearance through the Child Abuse/Neglect Registry will be limited to persons
			 listed as perpetrators or alleged perpetrators. Information will be released
			 only upon a determination by the State Department that the information in the
			 Central Registry will help discover or prevent abuse or neglect of
			 children.