Sec. 10.22.16.05. Request for Hearing

A. An applicant or recipient, or the applicant's or recipient's representative, may request a hearing by mailing or delivering a clear, written statement to the Director of the Administration. The request shall state:

(1) That the applicant or recipient desires a hearing; and

(2) The specific action or inaction of the Secretary which the applicant or recipient seeks to challenge.

B. The Administration shall acknowledge in writing a request for a hearing within 10 days of the postmark of the request.

C. The Administration shall give reasonable advance notice in writing to the appellant of the issue or issues to be decided, the date, time, and place of the hearing, the right to be present, the right to be represented by an attorney, and the right to request and present witnesses and documentary evidence.

D. Unless agreed upon by all parties, the Administration shall hold the hearing not sooner than 10 days but not later than 30 days after the mailing of the acknowledgement. The Administration may consolidate various requests for hearings made by or on behalf of a particular individual when there is significant similarity in facts or issues to be resolved.

E. The Administration shall make reasonable efforts to schedule the hearing at a time and place convenient to all parties.

F. A request for a hearing shall be made within 45 days of the postmark of the notification specified in Regulation .04A, or if Regulation .04A does not apply, within 45 days following the action. When the subject of the appeal is an inaction, a request for a hearing shall be made within 45 days after the applicant or recipient actually knew or should reasonably have known of the inaction.

G. A request for an extension of the time to request a hearing may be granted by the Secretary's designee for good cause shown.

H. The Department may dismiss a request for a hearing when it has been withdrawn or abandoned by the appellant. The Department may find that a request for a hearing has been abandoned if, after receiving proper notice, the appellant:

(1) Does not appear for the hearing on the established date; and

(2) Fails to notify the Department of the reason for nonappearance.

I. The Department is only required to grant one informal hearing as to any one action or inaction of the Secretary.