Sec. 07.01.04.04. Processing of Appeal Requests

A. The procedures in this regulation do not apply to appeals concerning child support enforcement. OAH is responsible for processing child support appeal requests.

B. The agency shall establish procedures to acknowledge receipt of and process all appeal requests in a timely manner.

C. Within 5 business days of either the filing date of a written appeal request or the date that an oral request is reduced to writing, the agency shall:

(1) Forward the following information to OAH:

(a) Date of the request,

(b) Name and address of the appellant,

(c) Name and address of the agency representative,

(d) Action being appealed,

(e) Date of the action being appealed; and

(f) Date notice of the action was mailed to the appellant; and

(2) Acknowledge to the appellant receipt of the appeal request.

D. Conference.

(1) When the agency acknowledges receipt of an appeal request, the agency shall promptly:

(a) Offer the appellant a conference; and

(b) Advise the appellant that the conference is optional and will not delay or replace the hearing.

(2) An agency supervisor shall attend the conference.

(3) The case manager responsible for the action may also attend.

(4) Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing.

(5) If an appellant requests a conference in an appeal concerning denial of a request for expedited food stamps, the agency shall hold the conference within 2 business days of the filing date of the request unless the appellant asks that it be delayed.