reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.11 - Record of Pre-Hearing Conferences

Current through June 25, 2024
The Hearing Officer shall record any agreements reached
				  during a prehearing conference or confirm the agreements in a written
				  order.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(j);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.12 - Informal Disposition

Current through June 25, 2024
If permissible by Agency policy and State and Federal law,
				  informal disposition may be made of any case by waiver, withdrawal, or
				  abandonment.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(j);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.1 - Purpose

Current through June 25, 2024
The purpose of a Programmatic Administrative Disqualification
				  Action shall be to provide due process to Clients whenever documented evidence
				  exists of a suspected Intentional Program Violation.
Miss. Code Ann. §
										43-1-2(4)(b);
				  Miss. Code. Ann. §
										43-17-25; 18 Miss. Admin. Code Pt.
				  17, R. 9.10; 18 Miss. Admin. Code Pt. 19, R.
				  g; 7 C.F.R. §
											273.16(a);
				  7 C.F.R. §
										273.16(c);
				  45 C.F.R. §
											98.100(d).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.2 - Burden of Proof

Current through June 25, 2024
The Agency shall be required to prove all allegations of
				  suspected Intentional Program Violations by clear and convincing
				  evidence.
7 C.F.R. §
											273.16(e)(6).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.3 - Notice of a Programmatic Administrative Disqualification Action

Current through June 25, 2024
The Division of Administrative Hearings shall provide written
				  notice of a pending Programmatic Administrative Disqualification Action to a
				  Client at least thirty (30) calendar days prior to the hearing. The notice
				  shall contain:
1. The date, time, and
				manner of the hearing;
2. The
				allegation(s) against the Client;
3. A summary of the evidence, and how and
				where the evidence may be examined;
4. A statement informing the Client that they
				may waive their right to a hearing;
5. A description of the Client's rights
				during the hearing, including a description of the order of proof and an
				explanation that the burden of proof is carried by the Agency;
6. A warning, if the Client fails to appear,
				that a decision shall be based solely on information provided by the
				Agency;
7. A description of the
				penalties if the Client committed an intentional program violation;
				and,
8. A statement that the
				Programmatic Administrative Disqualification Action shall not preclude any
				state or the Federal government from prosecuting the Client for the same
				allegation(s) in a court of competent jurisdiction.
7 C.F.R. §
											273.16(e)(3).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.4 - Location, Time, and Manner of a Programmatic Administrative Disqualification Action

Current through June 25, 2024
The hearing shall be held telephonically unless otherwise
				  directed by the Hearing Officer.
7 C.F.R. §
											273.16(e)(4).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.5 - Client's Rights

Current through June 25, 2024
A Client has the following rights during a Programmatic
				  Administrative Disqualification Action:
1. To waive participation in the Programmatic
				Administrative Disqualification Action;
2. To review the evidence against
				them;
3. To refuse to answer any
				questions during the hearing;
4. To
				present their own case or have someone else present their case for them, such
				as a lawyer, friend, relative, or community worker;
5. To request to reschedule their hearing if
				they need more time to prepare;
6.
				To bring their own witnesses;
7. To
				cross-examine all witnesses called by the Agency;
8. To argue their case freely;
9. To question any evidence or statements
				made against them; and,
10. To
				bring any evidence they may have to support their case.
A Client shall be informed of these rights via notice and
				  during a Programmatic Administrative Disqualification Action.
7 C.F.R. §
											273.15(p);
				  7 C.F.R. §
										273.16(e)(2)(ii);
				  7 C.F.R. §
											273.16(e)(3)(iii)(G);
				  7 C.F.R. §
										273.16(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.6 - Failure to Appear at a Programmatic Administrative Disqualification Action

Current through June 25, 2024
IF a Client fails to appear at a Programmatic Administrative
				  Disqualification Action, the hearing shall be conducted without the Client
				  present. The Agency shall be required to meet its burden of proof regardless of
				  the Client's attendance. the Client is found to have committed an Intentional
				  Program Violation, but the Hearing Officer later determines that the Client had
				  good cause for their failure to appear, the previous decision shall be vacated
				  pursuant to 4.8 Vacating a Hearing, and the Agency shall conduct a new
				  hearing.
Rule 4.8 Vacating a
				  Hearing
, and the Agency shall conduct a new hearing.
IF a Client's failure to appear is based upon a showing of
				  nonreceipt of a hearing notice as described in
				  5.3 Notice of a Programmatic
				  Administrative Disqualification Action, the Client has thirty (30) calendar
				  days after the date of the Hearing Officer's decision to establish nonreceipt.
				  In all other instances, the Client has ten (10) calendar days from the date of
				  the scheduled hearing to establish good cause for their failure to
				  appear.
Rule 5.3 Notice of a Programmatic Administrative
				  Disqualification Action
, the Client has thirty (30) calendar days
				  after the date of the Hearing Officer's decision to establish nonreceipt. In
				  all other instances, the Client has ten (10) calendar days from the date of the
				  scheduled hearing to establish good cause for their failure to
				  appear.
7 C.F.R. §
											273.16(e)(4).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 5 - Programmatic Administrative Disqualification Actions › Rule 18-23-5.7 - Programmatic Administrative Disqualification Action Decision

Current through June 25, 2024
The Hearing Officer shall prepare a decision that reviews the
				  relevant evidence and applies the controlling policy, regulations, and/or State
				  and Federal law. The Agency must present relevant evidence and policy,
				  regulations, and/or laws clearly and convincingly demonstrating that a Client
				  committed an intentional program violation. If the Agency has failed to do so,
				  the Hearing Officer's decision shall explain how the Agency failed to meet its
				  burden of proof.
An Administrative Disqualification Action shall be
				  administered, and a decision released, within ninety (90) calendar days from
				  the date the Client receives notice of the Programmatic Administrative
				  Disqualification Action, unless the time frame for a decision has been extended
				  pursuant to 4.7 Continuing, Expediting, or Reconvening a Hearing. The decision
				  must include a description of any penalties to be imposed and the recoupment
				  amount, if applicable. The Hearing Officer's decision shall constitute the
				  final Agency action concerning the Programmatic Administrative Disqualification
				  Action.
Rule 4.7 Continuing,
				  Expediting, or Reconvening a Hearing
. The decision must include a
				  description of any penalties to be imposed and the recoupment amount, if
				  applicable. The Hearing Officer's decision shall constitute the final Agency
				  action concerning the Programmatic Administrative Disqualification
				  Action.
7 C.F.R. §
											273.16(e)(6);
				  7 C.F.R. §
										273.16(e)(7);
				  7 C.F.R. §
											273.16(e)(8);
				  7 C.F.R. §
										273.16(e)(9).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.1 - Purpose

Current through June 25, 2024
The purpose of a Programmatic Administrative Agency Appeal
				  shall be to provide an opportunity for a formal review when an Appellant
				  disagrees with an adverse action taken by the Agency. A Programmatic
				  Administrative Agency Appeal shall provide an Appellant the opportunity to
				  testify and present evidence to a Hearing Officer. The scope of a Programmatic
				  Administrative Agency Appeal shall be limited to the appealed adverse
				  action.
Miss. Code Ann. §
										43-1-2(4)(b);
				  Miss. Code Ann. §
										43-17-17; 18 Miss. Admin. Code Pt.
				  17, R. 9.12; 18 Miss. Admin. Code Pt. 19, R.
				  k; 7 C.F.R. §
											273.15(a);
				  7 C.F.R. §
										273.15(m);
				  7 C.F.R. §
											273.15(n);
				  7 C.F.R. §
										273.15(p);
				  7 C.F.R. §
											273.15(q);
				  45 C.F.R. §
										98.1(b)(6).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.2 - Basis for a Programmatic Administrative Agency Appeal

Current through June 25, 2024
Appellants shall have the right to appeal adverse actions
				  taken by the Agency which affects the participation in or administration of the
				  relevant Agency program.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k;
				  7 C.F.R. §
											273.15(a).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.3 - Burden of Proof

Current through June 25, 2024
An Appellant shall bear the burden of proof of establishing,
				  by a preponderance of the evidence, that an adverse action was
				  improper.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k;
				  7 C.F.R. §
											273.15(q).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.4 - Time Limits for a Programmatic Administrative Agency Appeal

Current through June 25, 2024
An Appellant who wishes to appeal an adverse action shall
				  submit a request to the Division of Administrative Hearings for a Programmatic
				  Administrative Agency Appeal within thirty (30) calendar days following the
				  date of an adverse action. The request shall be made via the Division of
				  Administrative Hearings' MDHS Programmatic Appeals request form or the
				  MDHS-EA-551 Request for a Hearing form, unless otherwise directed. Completed
				  appeal request forms shall be submitted to the Appellant's County Office or via
				  email to admin.hearings@mdhs.ms.gov.
The Division of Administrative Hearings shall assist the
				  Appellant with submitting the request if needed.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k;
				  7 C.F.R. §
											273.15(c);
				  7 C.F.R. §
										273.15(g).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.5 - Notice of a Programmatic Administrative Agency Appeal

Current through June 25, 2024
The Division of Administrative Hearings shall provide written
				  notice to the Appellant at least ten (10) calendar days in advance of the date
				  of the Administrative Agency Appeal. The notice shall contain the date, time,
				  and location of the Administrative Agency Appeal and the Appellant's rights
				  relating to the appeal.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 7 C.F.R.
				  273.15(l).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.6 - Location, Time, and Manner of a Programmatic Administrative Agency Appeal

Current through June 25, 2024
An Administrative Agency Appeal shall be held telephonically
				  unless otherwise directed by the Hearing Officer.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 7 C.F.R.
				  273.15(l).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.7 - Appellant's Rights and Responsibilities

Current through June 25, 2024
An Appellant has the following rights and responsibilities
				  during a Programmatic Administrative Agency Appeal:
1. An Appellant may present testimony,
				evidence, and argument regarding the adverse action subject to
				appeal;
2. An Appellant may present
				and question witnesses and cross-examine opposing witnesses;
3. An Appellant must have all witnesses and
				evidence available on the date of the hearing;
4. An Appellant must provide opposing parties
				a copy of evidence submitted into the record at the time of submissions, unless
				said evidence was provided to the opposing parties prior to the hearing;
				and,
5. An Appellant must comply
				with all orders issued by the Hearing Officer prior to and during the
				hearing.
7 C.F.R. §
											273.15(m);
				  7 C.F.R.
				  273.15(n);
				  7 C.F.R.
				  273.15(o),
				  7 C.F.R.
				  273.15(p).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.8 - Failure to Appear at a Programmatic Administrative Agency Appeal

Current through June 25, 2024
If an Appellant fails to appear at an Administrative Agency
				  Appeal, the appeal shall be considered abandoned. If an Appellant abandons
				  their appeal, said Appellant, upon a showing of good cause, may move for a
				  continuance or resetting within ten (10) calendar days of their failure to
				  appear. If an Appellant fails to move for a continuance within ten (10)
				  calendar days or fails to establish good cause, the adverse action subject to
				  appeal shall be final and binding.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 7 C.F.R.
				  273.15(o).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 6 - Programmatic Administrative Agency Appeals › Rule 18-23-6.9 - Programmatic Administrative Agency Appeal Decision

Current through June 25, 2024
Unless the Programmatic Administrative Agency Appeal is
				  abandoned or withdrawn, the Hearing Officer shall prepare a decision that
				  reviews the relevant evidence and applies the controlling policy, regulations
				  and/or State and Federal law. An Appellant shall present relevant evidence and
				  policy, regulations, and/or laws demonstrating, by a preponderance of the
				  evidence, that MDHS's adverse action was improper. If an Appellant has failed
				  to do so, the Hearing Officer's decision shall identify and explain how the
				  Appellant failed to meet their burden of proof.
The Hearing Officer shall send a Programmatic Administrative
				  Agency Appeal decision to an Appellant within sixty (60) calendar days from the
				  date an Appellant requested an appeal, unless the time frame for a decision has
				  been extended pursuant to 4.7 Continuing, Expediting, or Reconvening a Hearing.
				  decision shall include a grant or denial of the Appellant's appeal, the
				  reasoning for said decision, and, if applicable, the relief granted. Hearing
				  Officer's decision shall constitute the final Agency action concerning the
				  Appellant's Programmatic Administrative Agency Appeal.
Rule
				  4.7 Continuing, Expediting, or
				  Reconvening a Hearing
. The decision shall include a grant or denial of
				  the Appellant's appeal, the reasoning for said decision, and, if applicable,
				  the relief granted. The Hearing Officer's decision shall constitute the final
				  Agency action concerning the Appellant's Programmatic Administrative Agency
				  Appeal.
18 Miss. Admin. Code
				  Pt. 13, Ch. 13; 7 C.F.R.
				  §
											273.15(c)(1);
				  7 C.F.R. §
										273.15(q).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.1 - Purpose

Current through June 25, 2024
The purpose of a Subgrant Administrative Agency Appeal shall
				  be to provide an opportunity for a formal review when a Subgrantee disagrees
				  with an adverse action. A Subgrant Administrative Agency Appeal shall allow a
				  Subgrantee to present its case to a Hearing Officer. The scope of a Subgrant
				  Administrative Agency Appeal shall be limited to the appealed adverse action.
				  Subgrant Administrative Agency Appeals shall consist of up to two (2) stages of
				  appeal, a Subgrant Administrative Hearing and a Subgrant Administrative Hearing
				  Review.
Miss. Code Ann.
				  43-1-2(4)(b); 18
				  Miss. Admin. Code Pt. 8, R. "Appeals";
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.2 - Basis for a Subgrant Administrative Agency Appeal

Current through June 25, 2024
Subgrantees shall have the right to appeal adverse actions.
				  For Subgrantees, adverse actions are demands for repayment of expenditures that
				  have been questioned during a monitoring review of a
				  Subgrantee.
Miss. Code Ann.
				  43-1-2(4)(b); 18
				  Miss. Admin. Code Pt. 8, R. "Appeals";
				  2 C.F.R.
				  200.1 "Questioned Cost";
				  2 C.F.R.
				  200.1 "Improper Payment";
				  2 C.F.R. §
											200.342;
				  2 C.F.R.
				  200.516(a);
				  2 C.F.R.
				  200.521.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.3 - Burden of Proof

Current through June 25, 2024
A Subgrantee bears the burden of proof of establishing, by a
				  preponderance of the evidence, that an adverse action was improper. This burden
				  of proof applies in both Subgrant Administrative Hearings and Subgrant
				  Administrative Hearing Reviews.
Miss. Code Ann.
				  43-1-2(4)(b); 18
				  Miss. Admin. Code Pt. 8, R. "Appeals";
				  2 C.F.R.
				  200.1 "Questioned Cost";
				  2 C.F.R.
				  200.1 "Improper Payment";
				  2 C.F.R. §
											200.342;
				  2 C.F.R.
				  200.516(a);
				  2 C.F.R.
				  200.521.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.4 - Time Limits for a Subgrant Administrative Hearing

Current through June 25, 2024
A Subgrantee has thirty (30) calendar days from the date of
				  an adverse action to request a Subgrant Administrative Hearing. An appeal has
				  not been timely requested until a Subgrantee has submitted both a written
				  request for an appeal and an Organized Response. Failure to submit a timely
				  written request for an appeal and an Organized Response shall be construed as a
				  waiver of a Subgrantee's right to appeal and shall serve as a procedural bar
				  for subsequent appeals of the relevant adverse action.
Written requests for an appeal and Organized Reponses shall
				  be sent via email to subgrants.hearings@mdhs.ms.gov.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.5 - Written Request and Organized Response Requirements

Current through June 25, 2024
A Subgrantee's written request for an appeal shall identify
				  the following:
1. The name of the
				Subgrantee;
2. The adverse
				action(s) the Subgrantee seeks to dispute; and,
3. A signature from the participating
				representative of the Subgrantee.
A Subgrantee's Organized Response shall include the
				  following:
1. The name, title, email
				address, and phone number of the participating representative of the
				Subgrantee;
2. A written response
				stating the basis for the appeal and the relevant facts and evidence supporting
				the appeal;
3. A table of contents
				with page numbers listing evidence submitted in order of presentation;
				and,
4. Copies of all submitted
				evidence following the order of the table of contents with
				pagination.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.6 - Notice of a Subgrant Administrative Hearing

Current through June 25, 2024
When a Subgrantee submits a timely request for a Subgrant
				  Administrative Hearing, the Director of the Division of Administrative Hearings
				  shall, within ten (10) calendar days of receipt, send a notice acknowledging
				  receipt and setting a date, time, and manner for a Subgrant Administrative
				  Hearing.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.7 - Location, Time, and Manner of a Subgrant Administrative Hearing

Current through June 25, 2024
The Subgrant Administrative Hearing shall be via video
				  conferencing meeting software such as Zoom Meetings or Microsoft Teams unless
				  otherwise directed by the Subgrant Administrative Hearing
				  Officer.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.8 - Subgrantee's Rights and Responsibilities During a Subgrant Administrative Hearing

Current through June 25, 2024
Subgrant Administrative Hearings are evidentiary proceedings
				  administered by the Subgrant Administrative Hearing Officer. Subgrantees have
				  the following rights and responsibilities during a Subgrant Administrative
				  Hearing:
1. Subgrantees may present
				testimony, evidence, and argument regarding the adverse action subject to
				appeal;
2. Subgrantees may present
				and question witnesses and cross-examine opposing witnesses;
3. Subgrantees must have all witnesses and
				evidence available on the date of the hearing;
4. Subgrantees must provide opposing parties
				a copy of evidence submitted into the record at the time of submissions, unless
				said evidence was provided to the opposing parties prior to the hearing;
				and,
5. Subgrantees must comply
				with all orders issued by the Subgrant Administrative Hearing Officer prior to
				and during the hearing.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.9 - Failure to Appear at a Subgrant Administrative Hearing

Current through June 25, 2024
If a Subgrantee fails to appear at a Subgrant Administrative
				  Hearing, the Subgrantee's Subgrant Administrative Agency Appeal shall be
				  considered abandoned, and the appealed adverse action shall be final and
				  binding. A Subgrantee's abandonment of a Subgrant Administrative Agency Appeal
				  shall be construed as a waiver of a Subgrantee's right to appeal and shall
				  serve as a procedural bar for subsequent appeals of the relevant adverse
				  action.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.10 - Subgrant Administrative Hearing Decision

Current through June 25, 2024
The Subgrant Administrative Hearing Officer may prepare a
				  decision that reviews the relevant evidence and applies the controlling policy,
				  regulations and/or laws. The decision shall include grants and/or denials for
				  each issue raised on appeal, the reasoning for said action(s), and, if
				  applicable, the relief granted. Subgrant Administrative Hearing decisions may
				  be an adverse action requiring the repayment of questioned costs.
If the Subgrant Administrative Hearing Officer renders a
				  decision, the Subgrant Administrative Hearing Officer shall send the decision
				  to the Subgrantee within thirty (30) calendar days from the date of the
				  Subgrant Administrative Hearing.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.11 - Review of a Subgrant Administrative Hearing Decision

Current through June 25, 2024
If a Subgrantee is dissatisfied with a Subgrant
				  Administrative Hearing decision, the Subgrantee may request a review of the
				  decision by submitting a written request for a Subgrant Administrative Hearing
				  Review.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.12 - Basis for a Subgrant Administrative Hearing Review

Current through June 25, 2024
A Subgrant Administrative Hearing Review shall be the final
				  level of review within a Subgrant Administrative Agency Appeal. A Subgrant
				  Administrative Hearing Review shall be a review of a Subgrant Administrative
				  Hearing decision and case record by a Subgrant Administrative Hearing Review
				  Officer. For a Subgrant Administrative Hearing decision to be reviewable, the
				  Subgrant Administrative Hearing decision must be an adverse action requiring
				  repayment of questioned costs.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.13 - Time Limits for a Subgrant Administrative Hearing Review

Current through June 25, 2024
A Subgrantee has fourteen (14) calendar days from the date of
				  a Subgrant Administrative Hearing decision to submit a written request for a
				  Subgrant Administrative Hearing Review. Failure to submit a timely written
				  request for a Subgrant Administrative Hearing Review shall be construed as a
				  waiver of a Subgrantee's right to appeal and shall serve as a procedural bar
				  for subsequent reviews of the relevant Subgrant Administrative Hearing
				  decision.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.14 - Written Request for a Subgrant Administrative Hearing Review

Current through June 25, 2024
A Subgrantee's written request for a Subgrant Administrative
				  Hearing Review shall include the following:
1. The name of the Subgrantee;
2. The adverse action the Subgrantee seeks to
				dispute; and
3. A signature from a
				representative of the Subgrantee.
Written requests for a Subgrant Administrative Hearing Review
				  shall be sent via email to subgrants.hearings@mdhs.ms.gov.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.15 - No Additional Submissions During a Subgrant Administrative Hearing Review

Current through June 25, 2024
Subgrantees shall be prohibited from submitting additional
				  evidence beyond the evidence included in a Subgrantee's Organized Response. A
				  Subgrant Administrative Hearing Review shall be a review of Subgrant
				  Administrative Hearing decision and corresponding case record. A Subgrant
				  Administrative Hearing Review shall not be an opportunity for a Subgrantee to
				  supplement the Subgrant Administrative Hearing case record.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.16 - Notice of a Subgrant Administrative Hearing Review

Current through June 25, 2024
When a Subgrantee makes a timely request for a Subgrant
				  Administrative Hearing Review, the Director of the Division of Administrative
				  Hearings shall, within ten (10) calendar days of receipt, send a notice
				  acknowledging receipt and setting the date and time by which a Subgrant
				  Administrative Hearing Review shall be released.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 7 - Subgrant Administrative Agency Appeals › Rule 18-23-7.17 - Subgrant Administrative Hearing Review

Current through June 25, 2024
The Subgrant Administrative Hearing Review Officer shall
				  draft a final decision that reviews the Subgrant Administrative Hearing
				  decision and corresponding case record and applies the controlling policy,
				  regulations and/or laws. The final decision shall either adopt, modify, or
				  overturn the Subgrant Administrative Hearing decision.
The Subgrant Administrative Hearing Review Officer shall
				  release the completed Subgrant Administrative Hearing Review within thirty (30)
				  calendar days from the date of the written request for a Subgrant
				  Administrative Hearing Review. The Subgrant Administrative Hearing Review shall
				  constitute the final Agency action concerning the Subgrant Administrative
				  Agency Appeal.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 8 - Post-Hearing Matters › Rule 18-23-8.1 - Hearing Record

Current through June 25, 2024
The Division of Administrative Hearings shall maintain the
				  official record of each matter. The hearing record will be maintained pursuant
				  to the Agency's record retention policy and State and Federal
				  law.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										272.1(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 8 - Post-Hearing Matters › Rule 18-23-8.2 - External Appeals

Current through June 25, 2024
ALL Division of Administrative Hearings' decisions, except
				  for Subgrant Administrative Hearing decisions as described in 7.11 Review of a
				  Subgrant Administrative Hearing Decision, shall be final and binding. Division
				  of Administrative Hearings' decisions may be appealed to a court of competent
				  jurisdiction.
Rule
				  7.11 Review of a Subgrant
				  Administrative Hearing Decision
, shall be final and binding. All
				  Division of Administrative Hearings' decisions may be appealed to a court of
				  competent jurisdiction.
Miss. Code Ann.
				  43-1-2(4)(b); 18
				  Miss. Admin. Code Pt. 13, Ch. 13.;
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(b);
				  7 C.F.R. §
											273.15(q)(3)(i);
				  7 C.F.R. §
										273.16(e)(8)(ii).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Low Income Home Energy Assistance Program (LIHEAP) Policy Manual › Rule 18-24-24.1 - Low-Income Home Energy Assistance Program (LIHEAP) Policy Manual

Current through June 25, 2024
Click Here
				  To View Image
Miss Code
				  Annotated 43-1-2.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Introduction › Rule 18-24-1.1 - Legal Authority

Current through June 25, 2024
LIHEAP is authorized by the Low-Income Home Energy Assistance
				  Act of 1981 (under Title XXVI of the Omnibus Budget Reconciliation Act of 1981,
				  as amended.)
A. Statute- Sections of
				the LIHEAP statute are listed below as amended through August 1, 1999. The
				LIHEAP statute was amended in 2005 by Subtitle B of the Energy Policy Act of
				2005 (
				Public
				Law 109-58 ) which reauthorized LIHEAP through FY
				2007. The LIHEAP statute is in the United States Code at: 42 U.S.C. §
				8621-8630 (2008).
B. Regulations-
				The HHS regulations for the LIHEAP block grant are found in Title 45 (Public
				Welfare) of the Code of Federal Regulations, Part 96 (Block Grants)( 45 CFR 96
				)
45 CFR 98;
				  Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Introduction › Rule 18-24-1.2 - Program Purpose

Current through June 25, 2024
The purpose of LIHEAP is to provide appropriate and timely
				  assistance to eligible households to pay home energy bills and to assist with
				  other energy related services. The amount of financial assistance an eligible
				  household will receive will be determined by the amount of the bill at the
				  particular time the bill is due. Assistance will be provided in the form of
				  payments made directly to energy vendors on behalf of eligible
				  households.
A. LIHEAP is offered in
				each of the 82 counties in Mississippi, pending the availability of funds. Once
				income eligibility criteria are established, priority is then given to
				vulnerable households. Vulnerable households include those households with
				members who are elderly, disabled, or with children age 5 or younger.
The State of Mississippi elects to use up to 12% of the
				  state's LIHEAP allocation for LIHEAP Weatherization (WX). *The administration
				  of LIHEAP WX follows the Department of Energy rules for weatherization. The
				  eligibility criteria for LIHEAP WX is 200% of the federal poverty
				  guidelines.
B. Subgrantees
				are required to refer households with high energy bills to the weatherization
				program. WX funds are used to improve the conditions of eligible clients'
				homes. The program is designed to reduce home heating and cooling costs by
				improving energy efficiency and ensuring health and safety. Priority is given
				to low-income elderly, disabled individuals and household with children five
				(5) or younger.
C. Program
				Operation Dates:
Heating assistance
October - April
Cooling assistance
May - September
Crisis assistance
January - December
LIHEAP Weatherization assistance
September - August
D.
				The State allocates ten percent (10%) of the total state allocation for
				administrative cost and ninety percent (90%) for program cost. Administrative
				cost refers to the cost of central executive functions that do not directly
				support a specific project or service. They are incurred for common objectives
				that benefit multiple programs administered by the organization and are not
				readily assignable to a particular funding stream.
Miss. Code
				  Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Introduction › Rule 18-24-1.3 - Manual Purpose

Current through June 25, 2024
The purpose of this manual is to provide program policy to
				  clients, subgrantees and the public, in order to implement a range of services
				  and activities having a measurable and potentially major impact on the causes
				  of poverty in the State of Mississippi. This manual provides clear policies for
				  implementing LIHEAP. Subgrantees must comply with the rules and guidelines set
				  forth in this manual, and all applicable Federal and State laws, policies and
				  procedures
MDHS reserves the right to alter any policy during
				  emergencies such as: natural disasters, pandemics, or other circumstances
				  deemed appropriate by the DCS Director or the MDHS Executive Director.
Any questions regarding this policy should be submitted in
				  writing to:
Mississippi Department of Human Services
Director, Division of Community Services 200 South Lamar
				  Street
Jackson, Mississippi 39201
45 CFR
				  98.10; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Introduction › Rule 18-24-1.4 - Non-Discrimination Statement

Current through June 25, 2024
As a recipient of Federal financial assistance, MDHS and its
				  subgrantees do not exclude, deny benefits to, or otherwise discriminate against
				  any person on the basis of: race, color, gender, sexual orientation, national
				  origin, disability, religion, political beliefs, or age; in admission to
				  participation in, or receipt of the services and benefits under any of its
				  programs and activities, whether carried out by MDHS and/or its subgrantees
				  directly or through a contractor or any other entity with which MDHS and/or its
				  subgrantees arranges to carry out its programs and activities. This statement
				  is in accordance with the provisions of Title VI of the Civil Rights Act of
				  1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act
				  of 1975, and Regulations of the U.S. Department of Health and Human Services
				  issued pursuant to these statutes at Title 45 Code of Federal Regulations Parts
				  80, 84, and 91.
45 CFR
				  98.10; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 1 - Introduction › Rule 18-24-1.5 - Organizational Structure of LIHEAP

Current through June 25, 2024
The following summarizes the Organizational Structure for
				  LIHEAP:
A. MDHS as Lead Agency:
MDHS is the designated State agency to receive funds and
				  administer the program covered in this manual. MDHS assists the Division of
				  Community Services (DCS) by providing support services in a timely manner that
				  is consistent with program goals, objectives and guidelines. MDHS awards LIHEAP
				  subgrants based on the receipt of the Federal Notice of Award for LIHEAP, and
				  the timely receipt and approval of subgrants for funding. MDHS is responsible
				  for monitoring and evaluating the program performance of subgrants.
B. Division of Community Services
				(DCS):
The Division of Community Services provides the necessary
				  interface between the subgrantee and other divisions of MDHS. Responsibilities
				  include, but are not limited to:
1)
				Administering the program in accordance with all applicable federal and state
				rules, regulations and guidelines;
2) Informing the public of program rules,
				regulations, and guidelines through public hearings, announcements and
				publications;
3) Establishing
				criteria and processing applications for funding from subgrantees to implement
				programs;
4) Monitoring
				subgrantees' spending levels and processing claims requests to ensure
				compliance with Federal, State, and MDHS guidelines;
5) Reviewing subgrantees' applications for
				funding to ensure compliance with federal, state and MDHS guidelines;
6) Providing training and technical
				assistance to subgrantees;
7)
				Keeping subgrantees informed of changes in Federal, State and MDHS regulations
				and guidelines;
8) Providing
				responses to clients regarding inquiries concerning programs;
9) Preparing annual State Plan applications
				to receive the federal funds;
10)
				Collecting and disseminating information to appropriate funding sources and
				others as deemed necessary; and
11)
				Serving as a liaison between county, state, and federal agencies in regard to
				program implementation.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 3 - Priority Populations › Rule 18-24-3.1 - Priority Populations

Current through June 25, 2024
Priority Population is a designated population treated
				  differently than the general population for eligibility and access purposes, in
				  order to address a particular need of that population. Priority Populations
				  include:
A. Elderly- Individuals age
				60 and over
B. Disabled-
				Individuals who have been determined disabled by authority- SS/SSI
C. Children five (5) years of age and
				under
D. Households with high
				energy burdens
45 CFR
				  98.46; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 4 - Client Application Process › Rule 18-24-4.1 - Client Application Process

Current through June 25, 2024
The Subgrantees/ Community Action Agencies (CAAs) accept
				  applications throughout the year. When funding is available, eligible families
				  shall be served on a first-come, first-serve basis by date of application. When
				  funding is not available, eligible families shall be added to the
				  waitlist.
A. As a general rule, only
				the applicant, spouse of the applicant, or authorized representative of a
				disabled or elderly applicant are the adults who can be present during the
				application. The Subgrantee reserves the right to require other adults to
				remain in waiting room, especially if they are causing disruption during the
				application process.
B. If the
				applicant cannot read, the caseworker must read all forms/declarations to the
				applicant to ensure the applicant understands what is being signed.
C. The signature of the applicant must be on
				all applicable documents. A spouse may sign if the head of household is absent.
				Caseworker should document the reason the head of household cannot come in for
				appointment. If the applicant cannot write, they may sign by making an "X" on
				the signature line. The name must be printed or typed under the "X" by the
				caseworker, and a witness should sign under the "X".
Miss. Code
				  Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 4 - Client Application Process › Rule 18-24-4.2 - Before Initiating Application

Current through June 25, 2024
A. Applications are
				initiated through the Common Web Portal (CWP) for all first-time applicants. If
				an applicant was a previous household member in another case, but is now head
				of household, a new pre-application must be done. Pre-applications are
				web-based and may be submitted on behalf of Mississippi residents only.
				Applicants may apply for services through the CWP at:
www.access.ms.gov
B. Pre-applications are required for
				applicants requesting service for the first time or if applicant is no longer
				in the household of another client.
C. Applicants submitting pre-applications
				must receive notification of an appointment for services within fifteen (15)
				business days of submission of the application. If the applicant is elderly,
				disabled, or a family with a child five (5) and under, the appointment date
				must be within thirty (30) days. Non-elderly or non-disabled clients must be
				given an appointment date within forty-five (45) business days.
D. If applicant does not have access to a
				computer to submit pre-application, the subgrantee must complete
				pre-application by phone or at the intake appointment.
Miss. Code
				  Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 4 - Client Application Process › Rule 18-24-4.3 - Initiating Application

Current through June 25, 2024
A. If an applicant
				does not complete a pre-application (regardless of reason), the subgrantee must
				complete the pre-application during the application process.
B. Under no circumstance should an applicant
				be denied services because they have not completed a pre-application.
C. Paper Applications are prohibited, unless
				in case of a computer system failure or natural/manmade disasters. The
				subgrantee's Executive Director or appointee must submit a request in writing
				to the Director of the Division of Community Services for approval to take
				paper applications. Once the emergency situation is over, the paper
				applications must be entered into Virtual ROMA within 2 business days, unless
				additional time is requested and approved. The subgrantee's Executive Director
				must submit a letter to confirm all paper applications have been entered.
				Otherwise, any paper applications taken may result in questioned or disallowed
				cost.
D. Caseworker must complete
				the application in Virtual ROMA system. If the applicant submits the requested
				information, the caseworker must give the Notification of Services form (NOS)
				which states the status of the application and amount of benefits the applicant
				may receive upon supervisory approval.
E. If the applicant does not have all
				required documentation, the caseworker must complete as many screens as
				possible up to the allocation screen in Virtual ROMA. Do not allocate after
				this point. A Request for Additional Information (RFAI) form must be given to
				applicant, and a follow-up appointment given to complete the application
				process. Caseworker must explain the documentation needed and the 10-day
				timeframe to return the information.
Miss. Code
				  Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022