The Applicant and DFCS have the right to the following: 1. Bring and/or subpoena witnesses; 2. Establish all pertinent facts…
The fair hearing or the appeal from agency review must give the applicant a de novo hearing if requested. 42…
As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…
Form All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions…
Form; timing A Motion for Summary Determination may be filed no later than thirty days prior to the date a…
An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…
Minimum Federal Requirements for Medicaid Fair Hearings Each State must give Medicaid applicants the right to a fair hearing when…
All applications for ABD Medicaid require that the applicant's basic eligibility be verified. See ABD Manual Section 2201-4. Applications for…
If benefits are being terminated or reduced, the applicant/recipient may request that benefits continue while the appeal is pending. A…
Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd.…