reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 9 - ADVOCACY PROGRAMS › Section 340:2-3-71 - Office of Client Advocacy (OCA) general advocacy services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal
				  authority and scope.
OCA provides advocacy services to recipients of
				  Developmental Disabilities Services (DDS) listed in this subsection, who are
				  collectively referred to as "clients," per Oklahoma Administrative Code (OAC)
				  340:2-3-71 through
				  340:2-3-75.
(1) Section
				  1415.1(A)(2)
				  of Title 10 of the Oklahoma Statutes (10 O.S. § 1415.1(A)(2)) requires the
				  Oklahoma Department of Human Services (OKDHS) to establish an ombudsman program
				  for each institution and residential facility for persons with intellectual
				  disabilities operated by OKDHS. OKDHS conferred this responsibility on OCA. The
				  advocacy services provided to Robert M. Greer Center (Greer) and Laura Dester
				  Children's Center (SHIELD) residents are outlined in OAC 340:2-3-71 and
				  340:2-3-72.
(2) Orders of the United States District
				  Court for the Northern District of Oklahoma in Homeward Bound, Inc., et al. v.
				  Hissom Memorial Center, et al., Case No. 85-C-437-TCK-SAJ, require OKDHS and
				  OCA to provide advocacy services to individuals certified by the court as
				  members of the plaintiff class, known as Hissom Class Members (HCM)s. These
				  services are outlined in OAC 340:2-3-71 and
				  340:2-3-73.
(3) Former Northern Oklahoma Resource Center
				  of Enid (NORCE) and the Southern Oklahoma Resource Center (SORC) residents, who
				  transitioned after the Oklahoma Commission for Human Services resolution of
				  November 1, 2012, which closed the facilities, are provided with advocacy
				  services pursuant to that resolution and consistent with the obligation to
				  serve persons with disabilities in the most integrated setting appropriate to
				  their needs.
				  28 CFR §
												35.130(d).
Olmstead
				  v. L.C., 527 U.S. 581 (1999).
These services are outlined in OAC
				  340:2-3-71 and
				  340:2-3-73.
(4) Consistent with the
				  requirements of
Olmstead
, OCA provides special advocacy
				  services on an as-needed basis to other DDS clients. These services are
				  outlined in OAC 340:2-3-71 and OAC
				  340:2-3-75.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 9 - ADVOCACY PROGRAMS › Section 340:2-3-72 - Office of Client Advocacy (OCA) services specific to residents of Robert M. Greer Center (Greer) and Laura Dester Children's Center (SHIELD)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Representation.
OCA advocacy services are provided to Greer and
				  SHIELD residents consistent with Oklahoma Administrative Code (OAC)
				  340:2-3-71
				  and 340:2-3-72.
(b)
Grievance
				  coordination.
OCA advocates serve as grievance coordinators for resident
				  grievances, per OAC
				  340:2-3-51.
(c)
Abuse and neglect reporting.
(1) OCA advocates provide training to Greer
				  and SHIELD employees regarding their obligation to report suspected incidents
				  of abuse, neglect, verbal abuse, exploitation, and caretaker misconduct, per
				  OAC
				  340:2-3-33.
(2) Suspected incidents of abuse, neglect,
				  verbal abuse, exploitation, and caretaker misconduct are immediately
				  transmitted to OCA intake, per OAC
				  340:2-3-33.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 9 - ADVOCACY PROGRAMS › Section 340:2-3-73 - Office of Client Advocacy (OCA) advocacy services specific to Hissom Class Members (HCM)s and former Northern Oklahoma Resource Center of Enid (NORCE) and Southern Oklahoma Resource Center (SORC) residents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Representation.
OCA provides
				  ombudsman and advocacy services to former HCMs and NORCE and SORC residents of
				  the facilities, per Oklahoma Administrative Code (OAC)
				  340:2-3-71.
				  An OCA advocate is assigned to act as an independent resource to ensure the
				  client's needs are met and ensure that he or she is provided with the
				  information, skills, opportunities, and support to:
(1) make informed choices and decisions about
				  their lives;
(2) live in homes and
				  communities where individuals can exercise full rights and responsibilities as
				  citizens;
(3) pursue meaningful and
				  productive lives;
(4) contribute to
				  their family, community, state, and nation;
(5) have interdependent friendships and
				  relationships with others;
(6) live
				  free from abuse, neglect, financial and sexual exploitation, and other legal
				  rights violations; and
(7) achieve
				  maximum health and full integration and inclusion in society; in an
				  individualized manner consistent with unique strengths, resources, and
				  priorities.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 9 - ADVOCACY PROGRAMS › Section 340:2-3-74 - Advocacy services for Hissom class members [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg
					 1730, eff 6-14-02; Amended at 20 Ok Reg 1994, eff 7-1-03; Amended at 24 Ok Reg
					 978, eff 7-1-07; Amended at 26 Ok Reg 2195, eff
					 7-1-09
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 9 - ADVOCACY PROGRAMS › Section 340:2-3-75 - Office of Client Advocacy (OCA) services specific to clients with special advocacy needs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes advocacy services OCA may
				  provide to Developmental Disabilities Services (DDS) clients who are not
				  otherwise eligible for OCA advocacy services but have a special short-term need
				  for OAC advocacy assistance.
(b)
Scope.
Upon a determination that good cause exists, OAC advocacy
				  services may be provided to individuals eligible to receive DDS services and to
				  children with an identified intellectual or developmental disability, who are
				  in Oklahoma Department of Human Services custody.
(c)
Requests for services.
Any
				  person may submit a request seeking short-term OAC advocacy services on behalf
				  of a DDS client, by contacting the OCA Intake Unit. Verbal requests are
				  accepted; however, written requests that explain the advocacy need are
				  encouraged.
(1) When the OCA Intake Unit
				  identifies a special advocacy need, a special advocacy request may be
				  made.
(2) Factors considered in
				  granting requests include:
(A) whether the
				  matter is within OCA's jurisdiction;
(B) the existence of other resources to meet
				  the client's need; and
(C) the
				  urgency of the need.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 4 - Office of the Public Guardian › Section 340:2-4-1 - Purpose, legal basis, and definitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Oklahoma Department of Human Services (DHS) Office of
				the Public Guardian provides guardianship services throughout Oklahoma to
				criminal defendants, who are deemed incompetent to stand trial due to
				intellectual disability, per Section
				1408 of
				Title 10 of the Oklahoma Statutes (10 O.S. § 1408), and were found by the
				Court to be dangerous, per 22 O.S. § 1175.1. The DHS Office of the Public
				Guardian must place wards in the least restrictive placement, which ensure
				appropriate levels of supervision and supports, sufficient to keep the ward and
				public safe.
(b)
Legal
				basis.
Statutory authority for the DHS Office of the Public Guardian is
				derived from 22 O.S. § 1175.6b.
(c) The following words and terms, when used
				in this Subchapter shall have the following meanings unless the context clearly
				indicates otherwise:
(1)
"Court"
means the district court assigned to hear criminal matters in the jurisdiction
				where the crime was committed and the ward was charged.
(2)
"Public guardian"
means the
				attorney who is the DHS administrator of the Office of the Public Guardian.
(3)
"Ward"
means a
				person placed in the custody of the DHS Office of the Public Guardian by court
				order, per requisite statutory requirements.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 4 - Office of the Public Guardian › Section 340:2-4-3 - Ward placement requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Placement requirements.
To place a ward into the Oklahoma
				Department of Human Services (DHS) Office of the Public Guardian, he or she
				must be:
(1) a defendant in a criminal
				matter, misdemeanor or felony, in any Oklahoma district court;
(2) found incompetent to stand trial in a
				criminal matter due to intellectual disability, per Section
				1408 of
				Title 10 of the Oklahoma Statutes (10 O.S. § 1408); and
(3) deemed dangerous by the court, per 22
				O.S. § 1175.1.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 4 - Office of the Public Guardian › Section 340:2-4-5 - Ward removed from public guardianship

Current through Vol. 41, No. 20, July 1, 2024
(a)
Regaining competency.
When the Office of the Public Guardian
				determines a ward has regained competency, the Office of the Public Guardian
				notifies the court of jurisdiction.
(b)
Conditional Release.
When
				the Office of the Public Guardian determines a ward is no longer dangerous and
				release to a private guardian or other caretaker is appropriate, the Office of
				the Public Guardian notifies the court of jurisdiction.
(c)
Case dismissal by court.
When the court of jurisdiction dismisses the underlying charges, the Office of
				the Public Guardian no longer has jurisdiction or guardianship of the
				individual.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-3 - Legal bases [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-4 - General provisions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-5 - Client hearing procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-6 - Client hearings conducted by the Appeals Unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 651, eff 12-23-92 (emergency); Amended at 10 Ok Reg 4063, eff 7-26-93; Amended
					 at 11 Ok Reg 807, eff 12-14-93 (emergency); Amended at 11 Ok Reg 2653, eff
					 6-13-94; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at 15 Ok Reg
					 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-7 - Client hearings and procedures conducted by specially designated hearing officers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 15 Ok Reg 724, eff 1-1-98 (emergency); Revoked at
					 15 Ok Reg 1595, eff 5-11-98
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-8 - Handling of client complaints [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 15 Ok Reg 724, eff 1-1-98 (emergency); Revoked at
					 15 Ok Reg 1595, eff 5-11-98
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-9 - Procedures relating to client hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-10 - Withdrawal of request for hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-11 - Scheduling of the hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-12 - Local office contact with client after receipt of appointment letter [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-13 - Conduct of a hearing by the Appeals Unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-14 - Recording of the hearing proceedings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-15 - Obtaining testimony [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-16 - Presentations by the client and his/her witnesses [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-17 - Presentations by the local office [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-18 - Recessed hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-19 - Closing statement by the hearing officer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-20 - Hearing officer's summary [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-21 - Decision by the State Department [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-22 - Abandonment of hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-23 - Reopened hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-24 - Appeals Unit responsibility for notification of decision and assuring that decision is carried out [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 11 Ok Reg 807, eff 12-14-93 (emergency); Amended
					 at 11 Ok Reg 2653, eff 6-13-94; Amended at 15 Ok Reg 724, eff 1-1-98
					 (emergency); Amended at 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199,
					 eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-25 - Action by local office following receipt of decision [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 11 Ok Reg 807, eff 12-14-93 (emergency); Amended
					 at 11 Ok Reg 2653, eff 6-13-94; Amended at 15 Ok Reg 724, eff 1-1-98
					 (emergency); Amended at 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199,
					 eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-26 - Availability of hearing decisions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 15 Ok Reg 724, eff 1-1-98 (emergency); Revoked at
					 15 Ok Reg 1595, eff 5-11-98
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-27 - Administrative disqualification hearings - Food Stamp Program only [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-28 - Medical provider administrative reviews (Medicaid and Children's Special Health Care Needs Program) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Revoked at 15 Ok Reg 724, eff 1-1-98 (emergency); Revoked at
					 15 Ok Reg 1595, eff 5-11-98
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-29 - Hearings on licensing actions related to child care facilities and child placing agencies [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 1 - APPEAL PROCESSES FOR PROGRAMS, EXCEPT TITLE III OF THE OLDER AMERICANS ACT AND 53-10 OF THE FEDERAL TRANSIT ACT PROGRAMS [Revoked] › Section 340:2-5-30 - Telephonic hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4063, eff 7-26-93; Amended at 15 Ok Reg 724, eff 1-1-98 (emergency); Amended at
					 15 Ok Reg 1595, eff 5-11-98; Revoked at 19 Ok Reg 2199, eff
					 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-40 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
The Department provides an opportunity for a hearing to any
					 prospective or existing Title III or 16(B)2 grantee when an application for
					 funding is denied, when a grant is suspended or terminated prior to the end of
					 an approved budget year, or when designation as a planning and service area or
					 Area Agency on Aging has been denied. A request for hearing is a clearly
					 written expression by the grantee/applicant (or authorized representative) of
					 the grantee/applicant's desire to present testimony and evidence regarding any
					 adverse action by the Department or Area Agency on Aging, and be informed
					 through testimony and other evidence, of the basis for the action on the part
					 of the Aging Services Division or Area Agency on Aging. All requests for
					 hearing must be in writing and must be submitted to the Aging Services Division
					 (ASD) within 30 days of notification of adverse action by the ASD, or within 30
					 days of notification of an adverse appeal decision by an Area Agency on
					 Aging.
Added at (not
					 published Ok Reg), eff 12-14-93 (emergency); Added at (not published Ok Reg),
					 eff 6-13-94
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-41 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The primary purposes of fair hearings are to:
(1) Safeguard the rights and interests of the
				  grantee/applicant;
(2) Afford
				  protection to the grantee/applicant against infractions on the part of the
				  Department (Aging Services Division) or the Area Agency on Aging; and
(3) Help identify the need for clarification
				  or revision of the policy or practice of the Department (Aging Services
				  Division) or the Area Agency on Aging.
Added at 11 Ok Reg
					 807, eff 12-14-93 (emergency); Added at 11 Ok Reg 2653, eff
					 6-13-94
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-42 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Part,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
"Adverse action"
means:
(A) Denial of application for funding;
(B) Suspension or termination of funding prior to the end
					 of an approved budget year; or
(C) Denial of designation as a planning and service area or
					 Area Agency on Aging.
"Appeals Committee"
means the following staff
					 members, appointed by the State Director of Human Services:
(A) General counsel;
(B) Supervisor of the Appeals Unit; and
(C) Programs Administrator of the Special Unit on
					 Aging.
"Appeals Unit"
means the unit established
					 within the Department responsible for:
(A) Scheduling the time and place of the hearing;
(B) Conducting the hearing;
(C) Electronically recording the hearing;
(D) Preparing the Hearing Officer's Summary; and
(E) Preparing the decision letter.
"Grantee/applicant complaint"
means a
					 grantee/applicant's expressed belief that proper consideration has not been
					 given to circumstances surrounding grant/application process. A grantee or
					 applicant's complaint can be expressed orally, in correspondence, or by
					 authorizing another entity to advise the Department of the grievance. A
					 complaint may be addressed to the grantee/applicant's satisfaction without
					 resorting to the formal hearing process or it may result in the grantee or
					 applicant's request for a hearing.
"Official report (record)"
means the
					 information that will be made available to the appellant, upon request, at a
					 reasonable time and place and consists of:
(A) The administrative hearing officer's summary which
					 contains the substance of what transpired in the hearing unless oral
					 proceedings are transcribed;
(B) All written evidence filed in the hearing;
(C) A verbatim recording of the hearing; and
(D) The resulting decision of the appeals process.
Added at 11 Ok Reg
					 807, eff 12-14-93 (emergency); Added at 11 Ok Reg 2653, eff
					 6-13-94
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-43 - Legal authority

Current through Vol. 41, No. 20, July 1, 2024
Title
					 42
					 U.S.C. Section 3027(a)(5)
					 provides for granting a hearing before the Department for Title III Older
					 Americans Act grantees or applicants. In order for a grantee or applicant to be
					 able to exercise this right, the State Agency (Aging Services Division) or the
					 Area Agency on Aging, is responsible for informing, in writing, each grantee or
					 applicant at the time of application for funding of the right to a hearing.
					 This is done in conjunction with the Request for Proposal process at the State
					 and Area Agency on Aging level.
Added at 11 Ok Reg
					 807, eff 12-14-93 (emergency); Added at 11 Ok Reg 2653, eff
					 6-13-94
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-44 - Procedures relating to grantee hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
The
				  rules in this Section apply to any hearing to be scheduled by the Appeals Unit,
				  and voted on by the Appeals Committee. Once the grantee/applicant has requested
				  a hearing before the Department, the hearing is not delayed or cancelled for
				  any reason other than:
(1) Withdrawal, in
				  writing;
(2) Abandonment of the
				  request by the grantee; or
(3)
				  Evidence by the grantee of good cause for delay of the hearing (see (f)(1)(F)
				  of this Section for good cause).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 3 - FAIR HEARINGS FOR TITLE III OLDER AMERICANS ACT AND 16(B)2 INTERMODAL SURFACE TRANSPORTATION ACT PROGRAMS › Section 340:2-5-45 - Appeals Unit responsibility for notification of decision and assuring that decision is carried out

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notification of decision.
After the decision is reached in the
				  appeals process, a written notification of decision is prepared by the hearing
				  officer for the signature of the supervisor of the Appeals Unit. The decision
				  letter must specify the reason for the decision and identify the supporting
				  evidence. When applicable, the letter shall include statements specifying:
(1) The month that the award of funds is to
				  be made;
(2) The amount of funding
				  to be awarded; or
(3) That although
				  the grantee/applicant is not sustained, the grantee/applicant may reapply for
				  funding during the next "request for proposals" process.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 5 - GENERAL PROVISIONS › Section 340:2-5-50 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of
				  this Subchapter is to describe the Department of Human Services (DHS)
				  administrative hearing process.
(b)
				  Hearings are intended to:
(1) safeguard the
				  rights and interests of individual clients by affording them due
				  process;
(2) correct improper
				  actions taken by DHS; and
(3)
				  contribute to uniformity in the application of law and policy.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 5 - GENERAL PROVISIONS › Section 340:2-5-51 - Organization

Current through Vol. 41, No. 20, July 1, 2024
This subchapter is divided into four parts.
(1) Part 5, OAC
				  340:2-5-50 to 340:2-5-51,
				  applies to all hearings conducted by the Appeals Unit.
(2) Part 7, OAC
				  340:2-5-60 to
				  340:2-5-80,
				  applies to hearings conducted by the Appeals Unit regarding:
(A) Children's Special Health Care Needs
				  Program;
(B) Child Care
				  Services;
(C) Services for persons
				  with developmental disabilities;
(D) Food Stamp Program;
(E) Individual and Family Disaster Grant
				  Program;
(F) Low Income Home Energy
				  Assistance Program;
(G) Medical
				  Assistance Program under Title XIX of the Social Security Act;
(H) Social Services under Title XX of the
				  Social Security Act;
(I) State
				  Supplemental Payment (SSP) for the Aged, Blind, and Disabled; and
(J) Temporary Assistance to Needy Families
				  (TANF), including TANF Emergency Assistance.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-60 - Legal bases

Current through Vol. 41, No. 20, July 1, 2024
Section
					 168 of
					 Title 56 of the Oklahoma Statutes provides an administrative hearing for an
					 Oklahoma Department of Human Services (DHS) client who is aggrieved by a DHS
					 action or failure to act for programs listed in Oklahoma Administrative Code
					 (OAC)
					 340:2-5-61.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-61 - Client hearings conducted by the Appeals Unit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Children's Special Health Care
				  Needs Program.
Circumstances that constitute a basis for a hearing are:
(1) a denial of an individual's application
				  for services ;
(2) a decision
				  regarding eligibility has not been reached within 45 days from the application
				  date ;
(3) the client disagrees
				  with the date on which assistance begins; or
(4) the client is dissatisfied with an action
				  affecting eligibility for receipt of medical services or with the relevant
				  policy as applied to his or her situation.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-63 - Time

Current through Vol. 41, No. 20, July 1, 2024
In computing any period of time prescribed or allowed by
					 this Part, the day of the act, or event, from which the designated period of
					 time begins to run is not included. The last day of the period so computed is
					 included, unless it is a weekend, or a legal holiday as defined by the Oklahoma
					 Statutes. Unless otherwise noted, all time periods are calendar days.
(1) Items received by the client from the
				  Oklahoma Department of Human Services (DHS) for:
(A) mailed items:
(i) time deadlines begin with the second day
				  on which mail is delivered after the date of mailing to the client's last known
				  address; and
(ii) items are
				  considered mailed on the date on the notice, determination, or decision unless
				  otherwise indicated by the facts, such as the postmark on the envelope
				  containing the item mailed; and
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-64 - Hearing request

Current through Vol. 41, No. 20, July 1, 2024
(a) In the
				  Supplemental Nutrition Assistance Program a hearing request is any indication
				  by a client or authorized representative that the client wants to contest an
				  Oklahoma Department of Human Services (DHS) action, or failure to act, through
				  the hearing process.
(b) In all
				  other cases within this Part, a hearing request is a written expression by a
				  client or authorized representative that the client wants to contest a DHS
				  action, or failure to act, through the hearing process.
(1) The writing must be signed by the client
				  or authorized representative.
(2)
				  An original document, as well as a facsimile of a written document , are both
				  considered a writing.
(3) An email,
				  or a document attached to an email from the client or authorized
				  representative, is considered a writing signed by the client.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-65 - Explanations by the local office when a client or authorized representative indicates a hearing is desired

Current through Vol. 41, No. 20, July 1, 2024
For any of the programs within this Part, at the time a
					 client or authorized representative indicates that the client wants an
					 administrative hearing, the local office must explain the information listed in
					 (1) - (4) of this Section to the client or authorized representative.
(1) If the issue involves a proposed closure
				  or reduction of State Supplemental Payment, Temporary Assistance for Needy
				  Families (TANF), social services, medical assistance, Child Care Subsidy, or
				  food benefits, known in Oklahoma as Supplemental Nutrition Assistance Program
				  (SNAP), the client or authorized representative is advised:
(A) of the option of having benefits
				  continued pending outcome of the hearing if, within 10 days of the notice being
				  appealed, the client or authorized representative submits a written request for
				  a hearing which is signed by the client or authorized representative;
(B) if he or she fails to indicate a
				  preference in a written request for hearing made within 10 days following
				  mailing of the notice, benefits are continued during the hearing process and if
				  the hearing is not decided in his or her favor, a claim is made against him or
				  her for all benefits received pending the hearing decision;
(C) if benefits are continued during the
				  appeals process and the hearing is not decided in his or her favor, a claim is
				  made against him or her for all benefits received pending the hearing decision;
				  and
(D) if the client elects to not
				  continue benefits during the pendency of the appeal, if the appeal is decided
				  in his or her favor, the local office authorizes supplemental payment(s) for
				  the period of time covered during the appeal.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-66 - Hearing summary

Current through Vol. 41, No. 20, July 1, 2024
(a) As soon as a
				  request for a hearing is received:
(1) in
				  cases involving services through Developmental Disabilities Services , a
				  programs manager prepares Oklahoma Department of Human Services (DHS) Form
				  13MP002E, Hearing Summary; and
(2)
				  in other cases, the local staff member responsible for the case prepares Form
				  13MP002E. The supervisor of the local staff member is responsible for review of
				  the Form 13MP002E for completeness and for pertinence to the point(s) at
				  issue.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-67 - Appeals Unit action following hearing request receipt

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon hearing request receipt in the
				  Appeals Unit, a hearing number is assigned.
(b) The Appeals Unit supervisor assigns the
				  case to an administrative hearing officer (AHO).
(c) The AHO determines if the hearing request
				  was timely made .
(1) A hearing request is
				  considered timely:
(A) in the Supplemental
				  Nutrition Assistance Program (SNAP), when the client or authorized
				  representative indicates, in any way, the desire to have a hearing within 90
				  days of the action, or failure to act that is being appealed;
(B) in all other cases:
(i) if the initial indication that the client
				  wants a hearing is in writing, signed by the client or authorized
				  representative, if the writing was received by the Oklahoma Department of Human
				  Services (DHS) within 30 days of the action, or failure to act being appealed;
				  or
(ii) if the initial indication
				  that the client wants a hearing other than in writing, signed by the client or
				  authorized representative:
(I) the indication
				  to DHS was made to DHS within 30 days of the action, or failure to act, which
				  is being appealed; and
(II) DHS
				  receives a written hearing request, signed by the client or authorized
				  representative within the later of 10 days from the date of the initial
				  indication that the client wanted a hearing, or 30 days of the action, or
				  failure to act being appealed.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-68 - Communications with the administrative hearing officer (AHO)

Current through Vol. 41, No. 20, July 1, 2024
Following a hearing request, there is no direct or indirect
					 contact regarding the merits of the case between the AHO and a person with a
					 direct or indirect interest in the case unless there is notice to all parties
					 and an opportunity to participate in the communication, except the AHO
					 may:
(1) be contacted on matters of an
				  informational or procedural nature; or
(2) contact the local office in order to
				  obtain information regarding:
(A) timeliness
				  of the hearing request; or
(B)
				  whether an appealable issue exists.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-69 - Local office contact with client after hearing notice receipt

Current through Vol. 41, No. 20, July 1, 2024
(a) At least five
				  business days before the hearing, the local office representative contacts the
				  client or authorized representative and gives him or her a copy of Oklahoma
				  Department of Human Services Form 13MP002E, Hearing Summary.
(b) Form 13MP002E must be delivered at least
				  five complete business days prior to the date scheduled for the hearing. If
				  Form 13MP002E is not delivered timely, paragraph (1) or (2) of this subsection
				  applies.
(1) When the local office shows good
				  cause for failure to deliver Form 13MP002E timely, the administrative hearing
				  officer (AHO) continues the hearing to another date if the client is not
				  prepared to proceed as a result of receiving Form 13MP002E late.
(2) When the local office does not show good
				  cause for failure to deliver Form 13MP002E timely, the AHO may prohibit the
				  local office from presenting evidence at the hearing and decide the case based
				  only on evidence presented by the client.