10330 Request for a Fair Hearing

K.S.A. 75-3306 mandates Department for Children and Families (DCF) provide a fair hearing “to any person who is an applicant, client, inmate, other interested person or taxpayer who appeals from the decision or final action of any agent or employee”.  The fair hearing will be conducted in accordance with the Administrative Procedure Act, K.S.A. 77-501, et seq. 

 

DCF fair hearings are conducted by the Office of Administrative Hearings (OAH). The Director of OAH assigns an appeal case number and a Presiding Officer to each request for fair hearing received.

 

If an appeal has been filed, the name of the alleged perpetrator for whom a substantiated finding has been made shall not be placed onto the Adult Abuse, Neglect, Exploitation Central Registry until the final decision upholding the substantiated finding has been made.

The alleged perpetrator has 30 days from the date of the Notice of Agency Decision (PPS 10300) to request a fair hearing. By statute, an additional three (3) days is added to the time allowed to file the request if the Notice of Agency Decision was mailed to the alleged perpetrator.

  

1. Requests for Fair Hearing:

1. A request for fair hearing shall be in writing and shall be submitted to either DCF or the Office of Administrative Hearings (Per K.A.R. 30-7-68 Appeals, Fair Hearings, et al.).
2. Submitted to DCF means the request is received by any DCF employee at any DCF office.
3. If the request for a fair hearing is initiated on a perpetrator under the age 18, it must be signed by the parent or guardian.

     

2. When the written request for fair hearing is submitted to DCF the APS Protection Specialist or Designee shall:

 

1. 1. Within one working day of the receipt, review the investigation record to determine if the request was received timely and provide notice of request for a fair hearing to the APS Supervisor and DCF Regional Attorney. 
   2. Within one working day of receipt, forward the request to:

Office of Administrative Hearings

Mail: 1020 S. Kansas Avenue, Topeka, KS 66612

Fax: 785-296-4848

Email: oah@ks.gov

1. 3. Within one working day of receipt, document and attach the request in the investigation record.     
   4. Within one working day of receipt, add the appeal to the investigation record in the Allegations Chapter to stop the ALP’s name from automatically being entered onto the Adult ANE Central Registry during the appeal process and/or until OAH has made a final determination.