Time Requirements for
Hearing. The hearing shall be scheduled to be held within 65
business days from receipt of a request for a Fair Hearing.
Within 20 business days of receipt of a request for a Fair Hearing, the Hearing
Office shall send notification of the scheduled hearing date to the Appellant
and to the appropriate area office of the Department.
Hearings. The Director of Fair Hearings or designee may, upon
request, schedule a hearing in an expedited manner. Examples of appropriate
reasons to expedite a hearing include: loss of licensure, employment-related
issues or other good cause shown. In addition, the Department will expedite
Fair Hearing requests that involve the removal of a child from a
Foster/Pre-adoptive home or kinship home, the reduction or termination of
services, denial of subsidy or the closure of a Department case. The Department
shall use its best efforts to schedule expedited hearings within 45 business
days of such request.
Content of Notice of Scheduled Hearing
. The notice of
scheduled hearing shall inform the aggrieved party
(a) of the date, time and location of the
(b) that the Appellant may
examine and request copies of those portions of his or her file which he or she
is legally entitled to, subject to any confidentiality requirements;
(c) that the Appellant may bring witnesses
and an Authorized Representative;
that in accordance with
the Department may issue subpoenas for
witnesses upon request made at least 15 calendar days in advance of the
(e) that a
translator or interpreter and reasonable accommodations for handicapped persons
will be provided if necessary;
that the Appellant may request a rescheduling of the Fair Hearing for good
cause and that if such continuance is granted, the Department will schedule the
hearing within the next 45 business days, unless the Appellant requests more
time and such is granted.
Stay of Fair Hearing for
Support Decision and/or Alleged Perpetrators. If the Department
receives a written request from any District Attorney's Office stating that
there is an open criminal investigation pending or formal criminal charges have
been instituted (i.e., indictment or complaint returned or
issued), the Department shall stay its review by Fair Hearing of the related
agency decisions for six months and notify the parties.