Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.160 - State Hearing Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The department is amending the entire rule
				  to conform to changes in federal and state law, particularly federal
				  regulations and state laws that have been issued since 1990. The amendment also
				  accounts for changes in technology, and addresses issues that commonly occur in
				  the appeals process and that the rule, in its current form, does not
				  address.
(1) This rule
				outlines the procedure for participant appeals resulting from the operation of
				the programs administered by the Missouri Department of Social Services
				pursuant to section
				208.080,
				RSMo. For anything in this rule that conflicts with appeals of decisions
				regarding Temporary Assistance screening or testing for illegal controlled
				substances, the regulation at
				13 CSR
				40-2.440 shall control. For anything in this rule that
				conflicts with a federal or state law or regulation relevant to the program for
				which the appeal is made, the relevant federal or state law or regulation
				controls.
(2) Definitions.
(A) "Authorized Representative" means an
				individual or organization who a participant has legally authorized to act on
				behalf of the participant in the appeal process as provided for under
				13 CSR
				40-2.015. Participants shall designate an authorized
				representative in ways that are approved by the division and are authorized by
				state and federal law. If the participant is unable to reduce such
				authorization to writing or to a form approved by the division, the hearing
				officer or other division employee may assist the participant in doing so as
				allowed by law.
(B) "Division"
				means the relevant division of the Department of Social Services to whom a
				participant is requesting an appeal. Pursuant to section
				208.080,
				RSMo, this shall be either the Family Support Division, Children's Division, or
				MO HealthNet Division.
(C)
				"Electronic access account" means the use of available online application
				processes or other available electronic systems by participants to submit an
				application or otherwise conduct business with the division.
(D) "Good cause" means a mistake or conduct
				beyond the control of the participant that is not intentionally or recklessly
				designed to impede the hearing process. For purposes of this regulation,
				failure to advise the division of a current mailing address shall not
				constitute good cause.
(E)
				"Hearing" means a legal proceeding to provide documents and testimony for the
				division. The proceeding shall be conducted for the purpose of presenting
				evidence relevant to the participant's appeal. The Hearing Officer may appear
				in person, by telephone or other electronic means.
(F) "Hearing Notice" means a document, sent
				by the Division of Legal Services of the Department of Social Services,
				advising the participant of the time, date, and place of their
				hearing.
(G) "Participant" means an
				individual or vendor who has applied for, is receiving, or has been denied
				benefits or services provided by the Department of Social Services or by other
				applicable programs administered by the Department of Social
				Services.