Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-62 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Part,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Access to the entire case file"
means the
					 client and authorized representative have, with the exceptions described in
					 this Section, the right to review the entire contents of the case file(s) that
					 relates to the issue(s) appealed, and all documents and records to be used by
					 the Oklahoma Department of Human Services (DHS) at the hearing.
(A) Certain documents and information within the case file
					 are made confidential by state and federal laws and therefore are not available
					 to the client or authorized representative, unless such information is to be
					 used by DHS at the hearing. Confidential documents and information
					 include:
(i) child abuse or neglect reports including the names and
					 information from complainants;
(ii) psychological and medical reports, unless there are
					 written releases from both the author and the patient;
(iii) information from other family members unrelated to
					 the appeal;
(iv) information from references or witnesses, unless there
					 is a written release of information; and
(v) confidential Supplemental Nutrition Assistance Program
					 (SNAP) information.
(B) The review may be made at a reasonable time before the
					 date of the hearing as well as during the hearing.
(i) When a request for file access is made, the local
					 office must make arrangements for the client, authorized representative, or
					 both to review the case file with as much privacy as possible.
(ii) A supervisory staff member observes the review of the
					 case file to ensure the contents of the case file are not removed from the
					 record.
(iii) The client and authorized representative are free to
					 make written notes from the record or make copies of documents.
(iv) A client or representative is not charged for copies
					 of documents made for the purpose of hearing preparation or presentation.
"Administrative hearing officer (AHO)"
means:
(A) the DHS employee designated by the Appeals Unit
					 supervisor to conduct an administrative hearing. The AHO may not have had a
					 part in the action or failure to act, which is the subject of the appeal;
					 or
(B) a lawyer who has a contract with DHS to preside over
					 administrative hearings that are the responsibility of the Appeals Unit, and
					 designated by the Appeals Unit supervisor to preside over a particular case.
"Appeals Committee"
means the committee that
					 makes the hearing decision, consisting of :
(A) the AHO who presided over a hearing ;
(B) the division director of the affected program or the
					 division director's designee . The designee must report directly to the
					 division director; and
(C) the Appeals Unit supervisor. If the Appeals Unit
					 supervisor made, or helped make the decision that led to the action that is the
					 subject of a hearing, a lawyer employed by DHS Legal Services is designated by
					 the supervisor to vote in his or her place. The DHS Director has the authority
					 to alter the members as he or she deems appropriate.
"Appeals Unit"
means the unit established
					 within Legal Services responsible for conducting administrative
					 hearings.
"Appeals Unit supervisor"
means the person
					 designated by the DHS general counsel to supervise the Appeals Unit.
"Authorized representative"
means a person
					 authorized by the client to represent him or her in the hearing process.
(A) Any party may be represented by a lawyer, or legal
					 intern, licensed by the Supreme Court of Oklahoma.
(B) A party may be represented by a non-lawyer only when
					 federal law requires that non-lawyer representatives are allowed. Appeals in
					 which non-lawyer representatives may appear include, but are not limited
					 to:
(i) SNAP;
(ii) Temporary Assistance for Needy Families (TANF);
(iii) Sooner Care, Oklahoma's medical assistance program
					 authorized per Section 1396, et seq. of Title 42 of the United States
					 Code;
(iv) State Supplement Payment for the Aged, Blind, and
					 Disabled;
(v) TANF Emergency Assistance;
(vi) services for persons with developmental disabilities;
					 and
(vii) Low Income Home Energy Assistance Program.
(C) If the representative is not a lawyer, DHS must verify
					 the authority of the person to represent the client through:
(i) personal contact with the client;
(ii) an original written authorization signed by the
					 client; or
(iii) in instances where the client is unable to give oral
					 or written authorization, a non-lawyer may represent a client when the proposed
					 representative is a:
(I) friend or relative, and circumstances show the proposed
					 representative is knowledgeable about the issues involved in the case and will
					 act in the client's best interest; or
(II) vendor of services relating to the issue in dispute
					 and has no interests adverse to the client; there is no friend or relative who
					 is willing and able to adequately represent the client; circumstances show the
					 vendor is knowledgeable about the issues involved in the case and will act in
					 the client's best interest.
"Client"
means:
(A) an applicant for DHS services or payments in any of the
					 programs per Oklahoma Administrative Code (OAC)
					 340:2-5-61;
					 or
(B) a recipient of DHS services or payments in any of the
					 programs per OAC
					 340:2-5-61.
"DHS"
means the Oklahoma Department of Human
					 Services.
"Fair hearing"
means an administratiave
					 hearing held pursuant to Section
					 168 of
					 Title 56 of the Oklahoma Statutes.
"Hearing"
means the process by which an AHO
					 obtains evidence and makes a decision regarding the protested action, or
					 failure to act, by DHS.
"Hearing request"
means a clear expression by
					 a client or authorized representative of the client's desire to contest an
					 action, or failure to act, by DHS through the presentation of testimony and
					 evidence to an AHO. Except for SNAP, a hearing request must be made in writing
					 and contain the signature of the client or authorized representative.
"Hearing summary"
means a document prepared by
					 the local office stating the reasons for the local office action or inaction.
					 It provides the client with information needed to prepare for the hearing. The
					 six areas covered in the hearing summary are described per OAC
					 340:2-5-66.
"Local office"
means any part of DHS which is
					 responsible for the act, or failure to act, which is the subject of the hearing
					 request.
"Local staff member"
means the particular
					 staff member who was responsible for the protested action, or failure to act,
					 and who represents DHS in activities during the time period extending from the
					 client's request for a hearing through implementation of the hearing
					 decision.
"OAC"
means the Oklahoma Administrative Code,
					 which contains the regulations promulgated by each state agency.
"Official record"
means a record consisting
					 of:
(A) all evidence offered for introduction at the
					 hearing;
(B) an electronic recording of the hearing; and
(C) the hearing decision.
Added at 19 Ok Reg
					 2199, eff 6-27-02