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The following persons must attend the hearing:
· Administrative Law Judge (ALJ);
· Customer that requested the hearing;
· Agency representative; and
These other persons may attend:
· Any witnesses invited to the hearing by the customer;
· An attorney representing the customer;
· An attorney representing the agency;
· An interpreter provided by the agency;
· Eligibility office staff;
· Agency representative from another agency responsible for the decision (i.e., DDSA).
If an agency representative fails to attend the hearing, the ALJ may move forward with the hearing and issue a decision based on the complainant’s testimony.
If the customer or customer’s representative fails to attend the hearing without good cause or without receiving a postponement, the ALJ may:
· Proceed with the hearing;
· Reschedule the hearing;
· Issue a recommendation based on the evidence in the hearing record; or
· Deny the appeal.
The following chart summarizes the roles of the people involved in the hearing:
If the person is the... |
Then the person... |
Administrative Law Judge (ALJ) |
· Introduces the people attending the hearing; · Explains that the hearing is recorded when available; · Makes a brief opening statement about the hearing procedures or shows a DVD; · Swears everyone in; · May ask for brief opening statements; and · Makes closing statement. |
Agency Representative |
· Makes a brief opening statement · Gives legal references to support the action(s) taken; · Cross examines agency witnesses; · Cross examines the customer and their witnesses; · Objects to testimony when needed; · Answers questions from the ALJ; and · Makes a closing statement. |
Agency Witness(es) |
· Answers questions posed by the Agency representative; · Explains how the SOC or premium amount was figured or why eligibility was denied or stopped, the requirements, and why those requirements were not met; and · Answers questions posed by the ALJ, the complainant, or the complainant's representative. |
Customer |
· Testifies and calls witnesses to testify; and · Asks questions of the ALJ, Agency representative or the Agency witnesses; and · Makes a final statement. |
This requirement applies to the following programs:
Program |
Legal Authorities |
All Programs |
42 CFR 431.240 AAC R9-34-104 and 105 |