1703 Pre-Hearing Discussion

Policy

The pre-hearing discussion is an opportunity for the customer to meet informally with the agency to review and possibly resolve the concerns with the agency’s action before the hearing.  The pre-hearing discussion may be completed by telephone or in person.  The pre-hearing discussion is not mandatory for the customer and cannot delay the formal hearing process.If the pre-hearing discussion does not resolve the issue, the hearing process is continued.

If the pre-hearing discussion results in an informal resolution, the customer is offered the opportunity to voluntarily withdraw the appeal request.  See MA1705 for more information on voluntary withdrawals of appeal requests.

NOTE          The customer may ask for a review before filing a formal request for appeal.

Definitions

Agency Responsibilities

The agency contacts the customer and offers to schedule a pre-hearing discussion.  During the pre-hearing discussion, the agency:

·         Explains why the action was taken;

·         Reviews the information used to make the decision with the customer;

·         Gives the customer an opportunity to explain why the action should not have been taken, submit more information and clarify any factors involved;

·         Explains the appeal and hearing process;

·         Explains the customer’s potential financial responsibilities.

Customer Rights and Responsibilities

The customer can choose not to have a pre-hearing discussion.

Timeframes

The agency generally schedules and holds the pre-hearing discussion within one to two weeks of receiving the appeal request.  However, if the appeal request is made by telephone or in person, the agency may be able to conduct the pre-hearing discussion at the time the appeal request is made.

Legal Authority

This requirement applies to the following programs: