WAG 01-07-11: Final Hearing Decision

PM 01-07-11.

When the Department has jurisdiction, the Final Hearing Decision will either uphold or not uphold the Department's action based only on the information available at the time the action was taken. The Final Hearing Decision often does not use the words "upheld" or "not upheld". Read the decision carefully and follow the directions in the decision.

If the client presents evidence at the hearing which was not previously presented to the Department and the new evidence is considered, the Final Hearing Decision will also say to make a new determination based on all the evidence presented at the hearing. If the decision directs action by an entity other than the Family Community Resource Center, that entity is responsible for taking the action and reporting it.

When implementing any decision, take into account changes in the case that have happened since the original action was taken.

1. (LO/Other) Put the hearing decision into effect within 10 calendar days after the date the decision is received.
2. (LO/Other) Complete Implementation of Appeal Decision (Form 1456) when the Final Administrative Decision directs an action. Form 1456 must show all steps taken and the dates actions were taken.

   NOTE: Do not complete Form 1456 if all directions on the Final Administrative Decision uphold the Department's action without ordering a new determination and/or dismiss for want of jurisdiction. If the decision directs action by HFS or its agent, they complete Form 1456 and send to the HFS Fair Hearings Section. 

3. (LO/Other) Send original Form 1456 to Bureau of Assistance Hearings with required attachments. File a copy in the case record.
4. (LO/Other) Whether the action is upheld or not upheld or the appeal is dismissed for lack of jurisdiction, complete the front of the Appeal Control Card and Pre-Hearing Review Quality Checklist (Form 1201).
5. (Appeal Coordinator) Approves and signs Form 1201.