Appendix B Responsibilities of the Office of State Administrative Hearings (OSAH)

Georgia State Seal

Georgia Division of Family and Children Services
SNAP Policy Manual

Policy Title:

Responsibilities of the OSAH

Effective Date:

July 2024

Chapter:

Appendix B

Policy Number:

Appendix B

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:

  • 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

  • change the time and place of the hearing upon its own motion or for good cause shown by the AU

  • 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

  • conduct a single group hearing, consolidating cases where the sole issue involved is one of state and/or federal law, regulation, or policy

  • conduct a single hearing for both programs if a change in the AU’s TANF circumstances requires a reduction or termination of SNAP benefits

  • 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

  • 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.
  • determine the number of persons who may attend the hearing

  • deny or dismiss a hearing request

  • 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.

  • complete the hearing and make a decision within 60 days from the date of receipt of the oral or written hearing request

  • mail the hearing decision to the claimant and the local office

  • 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:

  • comply with federal law, regulations, or policy

  • take into consideration only those issues directly related to the action being appealed

  • be based on evidence and other material introduced at the hearing

  • be accessible to the public, with the identity of the AU protected

  • 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:

  • contain the substance of what transpired at the hearing and all papers and requests filed in the official proceedings

  • be available to the AU or its representative by appointment for copying and inspection.