Ala. Admin. Code r. 420-10-2-.08 - Hearing Procedures

The formal administrative hearings regarding adverse actions taken against WIC vendors, local agencies, or participants must adhere to the Hearing of Contested Cases rules found in Chapter 420-1-3 of the Alabama Administrative Code unless those rules are contrary to this Chapter or Part 246, Title 7 of the Code of Federal Regulations.

(1) Hearing official. An impartial official who does not have any personal stake or involvement in the decision and who was not directly involved in the initial determination of the action being contested shall conduct the hearings. For participant hearings, the hearing official shall order, where relevant and necessary, an independent medical assessment or professional evaluation from a source mutually satisfactory to the appellant and the Department.

(2) Conduct of the hearing. The Department shall also provide the appellant or representative an opportunity to:

(a) Examine, prior to and during the hearing, the documents and records presented to support the decision under appeal;

(b) Be assisted or represented by an attorney or other persons at the appellant's expense;

(c) Bring witnesses;

(d) Advance arguments without undue interference;

(e) Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and

(f) Submit evidence to establish all pertinent facts and circumstances in the case.

(3) Depositions. A deposition for which all parties have received notice of the taking of the deposition is admissible into evidence, if any party so requests, subject to evidentiary objections properly preserved during the deposition.

(4) Expenses of appeal. Any expenses incurred in retaining representation for an appeal are the sole responsibility of the person requesting the hearing. Neither the State of Alabama, its political subdivisions, local clinic, area office, nor the Division of WIC may pay or reimburse for representation, travel, or other expenses incurred by the appellant.

(5) Fair hearing decisions.

(a) The hearing official shall base decisions upon the application of appropriate federal law, regulations, and policy as related to the facts of the case as established in the hearing record. The verbatim transcript or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, constitute the exclusive record for a final decision by the hearing official.

(b) In the decision, the hearing official shall summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent regulations or policy. The decision must become a part of the record.

(c) The Department shall make all hearing records and decisions available for public inspection and copying; however, the names and addresses of participants and other members of the public are confidential.

(d) Finality and effective date of decisions. In a participant's formal administrative appeal, the hearing officer's decision is the final state agency action. In a vendor or local agency's formal administrative appeal, the State Health Officer's decision is the final state agency action. If the adverse action under review has not already taken effect, the Department shall make the action effective on the date of receipt of the review decision.

(6) Judicial review. If additional administrative appeals are either unavailable or have been exhausted, the Department shall explain the right to pursue judicial review of the decision. A judicial review of an adverse action may be sought pursuant to § 41-22-20, Code of Ala. 1975.

(g) Records Retention. The Department shall retain records of adverse actions and official records of an administrative hearing for a period of five years

Notes

Ala. Admin. Code r. 420-10-2-.08

New Rule: Filed October 24, 1995; effective November 28, 1995. Repealed and New Rule: Filed October 20, 1999; effective November 24, 1999. Repealed and New Rule: Filed November 20, 2003; effective December 25, 2003. Repealed and New Rule: Filed August 20, 2004; effective September 24, 2004. Amended: Filed May 17, 2013; effective June 20, 2013. Adopted by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 5/28/2018.

Authors: James M. Richard, Carolyn Battle, Stacey Neumann

Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 22-12c-2 and 3.