23 Miss. Code. R. 300-2.15 - Local Hearing Procedure

A. The purpose of a local hearing is to provide an informal proceeding to allow the applicant/beneficiary or representative to:

1. Present new or additional information;

2. Question the action taken on the applicant/beneficiary's case, and

3. Hear an explanation of eligibility requirements as they pertain to the applicant/beneficiary's situation.

B. The regional office is responsible for:

1. Completing a supervisory review of the action under appeal,

2. Preparing the state hearing record,

3. All activities involved in the local hearing process, and

4. Taking appropriate action on the case at the end of the hearing process.

C. Local Hearing Requirements.

1. When a request for a local hearing is received, the local hearing will be scheduled no later than twenty (20) days after receipt of the request. The applicant/beneficiary will be allowed time to obtain additional information or request an attorney, relative or friend to attend the hearing and give evidence.

2. A local hearing must not be scheduled without giving five (5) days advance notice to the applicant/beneficiary unless the applicant/beneficiary waives advance notice time.

3. The regional office staff member who conducts the hearing cannot be one who has participated in determining eligibility or directed the decision.

D. After the Local Hearing.

1. When a decision has been reached, the regional office must notify the applicant/beneficiary of the decision in writing and advise the applicant/beneficiary of his/her right to request a state hearing.

2. The local hearing officer will prepare a summary of the local hearing. The summary serves the same purpose as a transcript and is filed in the case record. The summary must be included as part of the state hearing record when the applicant/beneficiary requests a state hearing after an adverse local hearing decision. The summary must contain sufficient information to enable the state hearing officer to have a clear understanding of what transpired during the local hearing.

3. When the local hearing decision is unfavorable to the applicant/beneficiary, the new effective date of closure or reduced benefits must be included on the notification of continuation of benefits applied during the hearing process. The new effective date of closure or reduced benefits must include an effective date at the end of the fifteen (15) day Advance Notice Period. A second (2nd) Notice of Adverse Action is not required.

Notes

23 Miss. Code. R. 300-2.15

42 C.F.R. Part 431 Subpart E; Miss. Code Ann. §§ 43-13-116, 43-13-117, 43-13-121

Adopted 8/1/2020 Amended 3/1/2023