Division Formal Hearings

PURPOSE: This rule requires the division to provide the opportunity for a formal hearing, describes when a formal hearing may be requested and the procedures to be followed. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The division shall provide the opportunity for a formal hearing, under the following circumstances: (A) To an area agency when the division finds that any provision of the area plan or plan amendment is not approvable and the division proposes to disapprove the area plan or plan amendment; (B) To an area agency on aging when the division proposes to withdraw its designation in accordance with 19 CSR 15-4.080; (C) To any applicant for designation as a planning and service area whose application is denied by the division; (D) To any nutrition project that was receiving funds under the former Title VII of the Act on September 30, 1978, that an area agency proposes to defund except as provided in 45 CFR Part 75 and has appealed the determination through the area agency on aging grievance procedure; and (E) To any other service provider whose application to provide services is denied or whose subgrant or contract is terminated or not renewed except as provided in 45 CFR Part 75 and has appealed the determination through the area agency on aging grievance procedure. (2) A written request for a formal hearing shall be filed with the director within thirty (30) calendar days following receipt of notice of the adverse action to be appealed. The written request shall state clearly the actions to be reviewed and enumerate the issues to be resolved. (A) The director shall designate a hearing officer that is an impartial decision-maker to hear all appeals. The designated hearing officer shall be the director or director’s designee. (B) The designated hearing officer is responsible for arranging the formal hearing and, within fifteen (15) calendar days of receipt of a request for hearing, shall send written notification to all parties advising of the date, time, and location of the hearing. (C) The hearing shall be completed one hundred twenty (120) calendar days of the date the request for hearing was received by the division. (D) The purpose of the hearing shall be to receive factual information, both verbal and written, related to the identified issues. (E) Letters and other written material regarding matters at issue shall be considered correspondence and shall not be considered as part of the information or the record unless formally introduced by the parties involved and admitted by the designated hearing officer. (3) The designated hearing officer shall assure that the aggrieved party received timely written notice of the determination that is being appealed which included the following: (A) Explanation of the reasons for the determination and the evidence on which the determination was based; (B) Provision for the opportunity to review any pertinent evidence upon which the determination was based; and (C) Notification of the right to appeal the determination. (4) The designated hearing officer shall assure that in the conduct of the hearing the aggrieved party shall have an opportunity to— (A) Appear in person to refute the basis for the decision; (B) Be represented by counsel or other representative; (C) Present witnesses and documentary evidence; and (D) Cross-examine witnesses. (5) The designated hearing officer shall conduct a fair hearing, avoid delays, and maintain order. The designated hearing officer shall have the authority to— (A) Regulate the course of the hearing; (B) Regulate the participation and conduct of the parties and others at the hearing; (C) Rule on procedural matters; (D) Question all persons presenting information; (E) Receive or exclude information; and Disability Services (F) Rule on or limit information. (6) The designated hearing officer shall designate a reporter for the hearing who shall maintain a record of the proceedings. The record shall consist of the verbatim (taperecorded) information, exhibits, rulings, decisions, and all other pertinent papers and requests, except for correspondence. (7) The designated hearing officer shall issue a final written decision, within sixty (60) calendar days of the date of the hearing, which sets forth the reasons for the division’s decision and the evidence on which the decision is based. (8) The division may terminate the formal hearing procedures at any point if the division and/or aggrieved parties negotiate a written agreement, signed by both parties, that resolves the issue(s) which led to the hearing. (9)The division shall notify an applicant for designation as a planning and service area who receives an adverse decision from the division’s formal hearing of the right to appeal to the assistant secretary. (10) The division shall retain the complete record for a period of at least three (3) years following the date of the hearing. AUTHORITY: sections 251.070, 536.023, and 192.2000, RSMo 2016.* Executive Order of the Governor filed Jan. 31, 1979, effective Oct. 1, 1979 and in compliance with 45 CFR 1321.15(b)(2). This rule previously filed as 13 CSR 15-6.025 and 19 CSR 15-6.025. Original rule filed Feb. 10, 1982, effective May 11, 1982. Moved to 19 CSR 15-6.025, effective Aug. 28, 2001. Moved to 19 CSR 154.440 and amended: Filed Jan. 25, 2022, effective Aug. 30, 2022. *Original authority: 251.070, RSMo 1967; 536.023, RSMo 1975, amended 1976, 1997, 2004; and 192.2000, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001, 2014.