When an appeal is first received by the agency worker, it is appropriate to call or offer to meet with the appellant to explain the reasons for the negative action taken on their case. This contact does not replace the hearing; however, an agency conference might result in an informal resolution of the issue being appealed.
Proceed with the hearing process unless the appellant submits a written request to withdraw.
The written withdrawal request is forwarded to the Office of Administrative Hearings (OAH) and the withdrawal information is logged in KEES.
The supervisor determines whether to offer a Pre-Hearing meeting to the appellant. This Pre-Hearing does not replace the Hearing but provides discussion of the process and may result in an informal resolution of the issue being appealed.
During the period of time between the receipt of the appeal request and the hearing, there are tasks that the agency worker may need to complete. We look at each of these tasks as we move through this course.
The tasks include:
Record a new request for a hearing
Research the case information
Complete an Appeal Summary form
Update the Hearings Detail page the with hearing scheduled date and time
If the hearing is not dismissed, Office of Administrative Hearings (OAH) sends a notification to the local office requesting the appeals summary within 15 days from the date the appeal request was received.
As soon as the agency is aware of the appeal request, a task is created to assign the hearing to the appropriate agency staff, consistent with agency business processes. In DCF and for KDHE out-stationed workers, the supervisor of the case worker who took the action on the case may be assigned to manage the hearing, or the supervisor may re-assign it to the case worker who took the action. In the KanCare Clearinghouse, a designated staff member is assigned to manage the hearing in KEES.
There are several scenarios where the agency may request the dismissal of an appeal.
The agency’s attorney makes the decision whether or not to dismiss an appeal. If the appellant is only disagreeing with a federal or state law or regulation, the agency may request the appeal be dismissed, provided the law or policy has been discussed with the appellant and the appellant is not disagreeing with how the law or policy was applied to their situation.
Instances a dismissal is appropriate:
Search for an existing request or create a new request
Enter Hearing Details
Populate the Proceeding Detail page
Generate the Appeal Summary form
A hearing can be dismissed if it meets the criteria for dismissal in KEESM 1615 or KFMAM 1505.05. DCF staff completes a KEES B-4 Motion to Dismiss form. KDHE staff completes a KEES KDHE Request for Dismissal of Appeal form. The form is then submitted with appropriate attachments to OAH within 10 days of receiving the hearing request. The agency worker also sends a copy of the Motion/Request to Dismiss form to the appellant. Office of Administrative Hearings (OAH) decides whether or not to dismiss the appeal request and notifies the agency worker.
If the hearing is not dismissed or withdrawn, we must determine if the appellant’s benefits need to be continued at the pre-appeal level pending the Office of Administrative Hearings (OAH) decision.
The requirements for Continuation of Benefits are found in the agency policy manuals, KEESM 1612 and KFMAM 1503.
Once the worker is assigned, they log the request in the Hearing Detail page in KEES. The assigned worker updates the hearing information in KEES throughout the rest of the hearing process.
Office of Administrative Hearings (OAH) sends an appointment letter, done outside of KEES, to notify the appellant and the agency about the scheduled hearing date, time, and place, at least 10 calendar days prior to the hearing. The worker updates the appeals record on the Hearing Detail page with this information.
After the hearing, OAH makes its decision and notifies both the appellant and the agency. The agency then logs the results of the hearing on the Proceeding Detail page, take any necessary case action based on the decision, notify the appellant of any changes to their benefits, and log that the hearing is closed. Closing the hearing does not affect the case or program status.