Appendix B Responsibilities of the Office of State Administrative Hearings (OSAH) | SNAP
Georgia Division of Family and Children Services |
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Policy Title: |
Responsibilities of the OSAH |
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Effective Date: |
July 2024 |
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Chapter: |
Appendix B |
Policy Number: |
Appendix B |
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Previous Policy Number(s): |
MT-59 |
Updated or Reviewed in MT: |
MT-78 |
Requirements
The Office of State Administrative Hearings (OSAH) has specific duties regarding the conduct and requirements of a hearing.
Basic Considerations
OSAH must take the following actions as needed:
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provide at least ten days prior to the hearing of advance written notice to all responsible parties and representatives involved to permit adequate preparation of the case
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change the time and place of the hearing upon its own motion or for good cause shown by the AU
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adjourn, postpone, or reopen the hearing for receipt of additional information at any time prior to the mailing of the state’s decision on the case
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conduct a single group hearing, consolidating cases where the sole issue involved is one of state and/or federal law, regulation, or policy
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conduct a single hearing for both programs if a change in the AU’s TANF circumstances requires a reduction or termination of SNAP benefits
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conduct the hearing on a newly emerged issue if at the hearing it becomes evident that the issue involved is different from the one on which the hearing was originally requested
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order an independent medical assessment or professional evaluation at the agency’s expense if the hearing involves medical issues such as a diagnosis, an examining physician’s report, or a medical review team’s decision. The source of the evaluation must be satisfactory to the AU and the agency.
Members of the medical review team may not be subpoenaed. |
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determine the number of persons who may attend the hearing
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deny or dismiss a hearing request
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utilize only those facts or opinions which are evidence of the record, or which may be officially noticed and are therefore, subject to the rights of objection, rebuttal, and/or cross-examination by the parties. The Administrative Law Judge (ALJ) is the sole trier of fact.
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complete the hearing and make a decision within 60 days from the date of receipt of the oral or written hearing request
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mail the hearing decision to the claimant and the local office
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inform the claimant of appeal rights and that an appeal may result in a reversal of the decision.
The Hearing Decision
Hearing decisions must meet the following criteria:
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comply with federal law, regulations, or policy
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take into consideration only those issues directly related to the action being appealed
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be based on evidence and other material introduced at the hearing
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be accessible to the public, with the identity of the AU protected
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become part of the case record.
The Administrative Law Judge’s Official Record
The Administrative Law Judge’s (ALJ) official record must meet the following criteria:
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contain the substance of what transpired at the hearing and all papers and requests filed in the official proceedings
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be available to the AU or its representative by appointment for copying and inspection.