Section 358-6.1 - All decisions.

358-6.1 All decisions. (a) The fair hearing decision issued by the commissioner must be based exclusively on the fair hearing record, or in the case of a decision without hearing, on the documents submitted by the appellant and the social services agency. The decision must be in writing and must set forth the fair hearing issues, the relevant facts, and the applicable law, regulations, and approved policy, if any, upon which the decision is based. The decision must make findings of fact, determine the issues and state reasons for the determinations and when appropriate, direct specific action to be taken by the social services agency. In addition, the decision may address the violation of any provision of this Part by the social services agency, including but not limited to violations of regulations concerning notice, aid continuing and provision of documents and records and set forth appropriate relief for such violations.

(b) Upon issuance, the decision is final and binding upon social services agencies and must be complied with in accordance with section 358-6.4 of this Subpart.

(c) A copy of the decision, accompanied by written notice to the appellant of the right to judicial review except as set forth in subdivision (d) of this section, will be sent to each of the parties and to their representatives, if any. In addition, such notice will advise the appellant that the appellant or the appellant's authorized representative may request the Department's assistance in obtaining compliance with the decision.

(d) Where the decision relates to a complaint regarding on-the-job working conditions or workers' compensation coverage related to participation in a work-related program or activity under the Job Opportunities and Basic Skills Training (JOBS) Program or under a program authorized by section 1115 of the Social Security Act or to wage rates used in calculating the hours of participation in the Community Work Experience Program, the decision will be accompanied by written notice that any party dissatisfied with the decision may, within 20 days of receipt of the decision, appeal to the United States Department of Labor for review of the decision.

 

Doc Status: 
Complete