Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 2 - Definitions

Current through June 25, 2024
Abandoned:
A hearing is abandoned when the
				initiating party fails to appear or attend the proceeding. Abandonment results
				in a hearing being vacated and may serve as a procedural bar to future
				appeals.
Adverse Action:
An action taken by the Agency
				contrary to the interest of an Agency program applicant, participant, or
				administrator in participating in or administering Agency programs.
Appellant:
An Agency program applicant,
				participant, or administrator who disagrees with an adverse action taken by the
				Agency and requests a Programmatic Administrative Agency Appeal.
Burden of Proof:
In a legal proceeding, one
				party has the responsibility of showing that they are correct, while the other
				party had no such responsibility and is presumed to be correct. The party
				carrying the burden of proof or the weight of the burden may differ depending
				on the nature of the proceeding.
Client:
Agency program participants who
				receive a benefit or service from the Agency.
Entry of Appearance:
A legal document stating
				that an attorney represents a party in a legal matter. An Entry of Appearance
				is required for attorneys seeking to represent a party in an Agency
				proceeding.
Ex Parte Communication:
An improper oral or
				written communication to a Hearing Officer that is not on the record and is
				made without the knowledge of other parties.
Good Cause:
A legally sufficient reason for a
				ruling or action by a Hearing Officer. Good cause is the burden placed on a
				party by a Hearing Officer to establish why a request should be granted or an
				action excused.
Hearing Officer:
An impartial decisionmaker
				who oversees the administration of a hearing. The Hearing Officer may render a
				decision in the matter.
Informal Disposition:
A manner of resolving an
				Agency proceeding without relying on the normal processes of a hearing and a
				decision.
Intentional Program Violation:
An intentional
				violation of Agency program rules and requirements that may result in penalties
				for the violating Client.
Motion:
A request made to the Hearing Officer
				asking for a desired ruling or order.
Organized Response:
A Subgrantee's evidentiary
				submissions that must be submitted alongside its written request for an appeal.
				A Subgrantee shall not be allowed to submit additional evidence beyond its
				Organized Response.
Pre-Hearing Conference:
A pre-hearing
				proceeding administered by a Hearing Officer to prepare the parties for the
				administration of the hearing.
Pre-Hearing Statement:
A statement submitted
				on behalf of a party to identify and clarify the factual and legal issues in
				advance of a hearing.
Programmatic Administrative Disqualification
				Action:
An action initiated by the Agency whenever documented evidence
				exists that a Client has intentionally violated Agency program rules and
				requirements.
Programmatic Administrative Agency Appeal:
An
				administrative appeal heard by a Hearing Officer when an Appellant appeals an
				adverse action.
Questioned Cost:
Funds questioned by an
				Agency, State, Federal, or other authorized auditor that are expended by the
				Subgrantee and are not in compliance with the terms and conditions of the
				Subgrant/Agreement or with any other compliance or Federal requirements.
Subgrant Administrative Agency Appeal:
An
				administrative appeal where a Subgrantee can contest demands for repayment
				issued by the Agency.
Subgrant Administrative Hearing:
The first
				stage of a Subgrant Administrative Agency Appeal, which occurs upon a
				Subgrantee's timely submission of a written request and an Organized Response.
				A Subgrant Administrative Hearing is a hearing during which a Subgrantee
				presents evidence and testimony to a Hearing Officer.
Subgrant Administrative Hearing Officer:
An
				impartial decisionmaker assigned by the Agency to conduct the Subgrant
				Administrative Hearing and render a decision, if necessary.
Subgrant Administrative Hearing Review:
The
				second and final stage of Subgrant Administrative Agency Appeal, which occurs
				upon the Subgrantee's timely written request. A Subgrant Administrative Hearing
				Review is a review of a Subgrant Administrative Hearing case record by the
				Subgrant Administrative Hearing Review Officer.
Subgrant Administrative Hearing Review
				Officer:
An impartial decisionmaker assigned by the Agency to review
				the Subgrant Administrative Hearing case record and either adopt, modify, or
				overturn the Subgrant Administrative Hearing Officer's decision. The Subgrant
				Administrative Hearing Review Officer shall be a person different than the
				Subgrant Administrative Hearing Officer.
Subgrant/Agreement:
An award provided through
				a contractual arrangement by the Agency to a Subgrantee to carry out part of a
				Federal award received by the Agency. It does not include payments to a
				contractor or payments to an individual or entity that is a beneficiary of a
				Federal program.
Subgrantee:
A recipient of an Agency subgrant.
				Subgrantees are subject to specific responsibilities in exchange for funding. A
				Subgrantee may face adverse actions or penalties resulting from said
				Subgrantee's failure to meet requirements established by a Subgrant.
Waiver:
A document signed by a Client waiving
				their right to participate in a Programmatic Administrative Disqualification
				Action.
Withdrawn:
An action taken by the initiating
				party to recall or retract a request for a hearing.