Alabama Administrative Code

After receiving notice of the request for a hearing, the hearing officer will notify the aggrieved person or his representative whether or not the request is accepted and, if not, why. If accepted, the aggrieved person will be mailed the following information: (a) The hearing pro…

The hearing officer shall issue a final decision denying or dismissing a hearing request in writing with or without a hearing in the following situations: (a) If the request is not filed within the applicable time period; (b) If the request has been withdrawn; (c) If an aggrieved…

(1) Withdrawal. A hearing may not be cancelled without the written consent of the aggrieved person or his representative. The letter of withdrawal may be presented or mailed to either the County or State Department. A verbal statement withdrawing a hearing request will be accepte…

(1) Content of Notice. The notice of the hearing must include: (a) Date, time, place, and nature of the hearing; (b) Statement of legal authority and jurisdiction; (c) Reference to particular sections of the statutes and rules involved; and (d) A short, plain statement of the mat…

(a) The hearing officer is an employee, panel of employees or designee, including a designee by contract or agreement, of the State Department of Human Resources. The hearing officer cannot conduct a hearing of any case in which he/she has taken part or assisted in the Department…

The County or State Department, an aggrieved person, or their representatives, shall have the right to request the issuance of subpoenas to witnesses and compel their attendance and the production of papers and writings. The request for a subpoena may be made orally, must be conf…

The final administrative action on a hearing request shall be made within 90 days in the Aid to Families with Dependent Children program (60 days for the Food Stamp program and 45 days for the Individual and Family Grant program) of the effective date of the request and within 30…

A group hearing for two or more aggrieved persons may be held when the factual issues involved arise out of the same o related circumstances or the cases share common legal issues. Each aggrieved person shall be permitted to present his case or to have his case presented by his r…

The hearing officer may combine two or more hearings or a fair hearing and a state-level administrative disqualification hearing into a single hearing if the factual issues arise out of the same, or related, circumstances, or the cases share common legal issues and the aggrieved …

(1) If the aggrieved person, the County Department, or their representatives fail to appear at the hearing after proper notice, the hearing officer may, if no adjournment or postponement is granted, proceed with the hearing and make a final decision in the absence of such parties…

(1) An aggrieved person, the County Department, or their representatives may file an application for a rehearing within 15 days of the final decision. The application shall specify in detail the grounds for the relief sought and authorities in support thereof. The filing of such …

An aggrieved person still dissatisfied after the final decision shall be entitled to file a notice of appeal and a cost bond of the decision with the State or County Department. The notice and cost bond must be received within 30 days after the receipt of the final decision or wi…

(1) Retroactive Benefits or Services. If the hearing decision states that benefits or services have been improperly withheld, reduced, denied, or terminated by incorrect action, the Department will take appropriate corrective or compensatory action as soon as possible. (2) Unenti…

(1) The Hearing Record. The hearing record includes: all pleadings, motions and intermediate rulings; all evidence received or considered; a statement of all matters officially noticed; all questions and offer of proof; all objections and rulings thereon; all proposed findings an…

The general hearing rules contained in this chapter may not be applicable to all hearings conducted by the Department. Chapters contained in the Administrative Code of the Department relating to specific program areas may make modifications or exceptions to the rules contained in…

A teleconference hearing is a hearing conducted by the hearing officer over the telephone. A teleconference hearing may be conducted only with the consent and agreement of all parties, or their representatives, and the hearing officer. Any party or the hearing officer may request…

1. The rules of evidence as followed by the circuit courts of the State are applicable to the hearing, but strict adherence is not required. Evidence, including hearsay evidence, will be received at the discretion of the hearing officer if it is a type commonly relied upon by rea…

The rules of discovery as followed by the courts of this State do not apply to the hearing. The aggrieved person has the following rights of access to information after a written request: (a) To be provided a short and plain written statement of the matters asserted which will be…

Department hearings involve confidential matters and are not open to the public. However, the hearing officer may allow an attorney representing a witness as well as certain other interested persons (i.e., persons with an administrative, regulatory, or law-enforcement interest) t…

(1) "Access." As used in this chapter, "access" refers to disclosure and release of Department records. (2) "Disclosure or Disclosed." As used in this chapter, "disclosure" or "disclosed" refers to oral or written acknowledgment or revelation of certain information contained in D…

Where a case has been referred to the Attorney General or a District Attorney or an approved Department attorney by the Department, disclosure and release of records and all other confidential information relating to the particular incident(s) referred shall be allowed without a …

(1) Where a case has not been referred to the Attorney General or a District Attorney or an approved Department attorney by the Department, disclosure and release of records and other confidential information shall be allowed only upon receipt of an Alabama subpoena or subpoena d…

(1) In cases not referred by the Department, a subpoena to produce documents (called a subpoena duces tecum) shall be received before any original case record, or copies thereof, can be removed from the office to be produced and released elsewhere. A subpoena duces tecum shall al…

Child Abuse and Neglect (CA/N) records and other confidential information shall not be used or disclosed for any purposes other than: (a) persons in a position to help or assist in the prevention or discovery of abuse or neglect of children through the information contained there…

(1) As a general rule, applicants, clients, and recipients or their representatives are not entitled to access to their case records or other confidential information. (2) Where the Department has taken adverse action and a Department administrative hearing has been requested, th…

(1) Upon the request of any competent adult, information on whether any particular named person, group of persons, agency, association, or organization does or does not have a license, permit, approval, church or religious nonprofit exemption issued by the Department to operate a…

(1) As a general rule, access to case records and other confidential information among Department Bureaus, Divisions, and Departments shall not be allowed. (2) Child Abuse and Neglect records and other confidential information may only be disclosed or released under those circums…

(1) Where federal or state law or regulations require or allow access, the Department shall disclose and release Department records, or copies thereof, to state or federal agencies and other governmental entities to receive them. (2) The Department may allow access to Department …

The Commissioner of the State Department of Human Resources is the official custodian of all Department case records and confidential information. The Commissioner may designate persons, from time to time, and delegate Authority over access or approve access of Department case re…

(1) Adult Protective Service Records and other confidential information shall be disclosed and released without a subpoena to: (a) persons in a position to help or assist in the prevention or discovery of abuse or neglect of adults through the information contained therein; (b) p…

(1) Child and adult care license and approval information and records (except abuse and neglect information and records) may be released to any government or professional regulatory agency or group with a legitimate regulatory interest in the activities of the holders or prospect…

(1) Where state or federal law or regulations require or allow access to DHR materials, records, and information, the Department may require identity verification and/or a written request or statement from the requestor containing (1) the name of the requestor, (2) the requestor'…

(1) General: "HIPAA" stands for the Health Insurance Portability and Accountability Act (Public Law 104-191), a federal law passed in 1996 to reform health insurance in the United States. The HIPAA Privacy Rule-finalized as federal regulations ( 45 C.F.R. Parts 160 and 164) on Au…

(1) Legal Basis: The Alabama Uniform Electronic Transaction Act, Code of Ala. 1975, §§ 8-1A-1 et seq., enacted in 2002 is intended to facilitate the use of electronic documents in business, commercial and governmental transactions. The Act promotes but not require the use of elec…

(1) Code of Ala. 1975, § 41-27-10 provides for criminal history background checks for employees and contractors with access to Federal Tax Information. The statute requires the Department of Human Resources to require each applicant for a position of employment with the Departmen…

(1) The provisions of this chapter governing criminal history background information checks is applicable to the following: (a) Applicants for a position of employment with the Department of Human Resources who may have access to Federal Tax Information; (b) Current employees of …

When used in this chapter, the following words shall have the following meanings: (1) APPLICANT. A person who submits an application for employment to the State Personnel Department for potential employment with the Department of Human Resources. (2) ARREST. The taking or keeping…

Author: Notes Ala. Admin. Code r. 660-2-11-.01 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.02 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.03 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.04 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.05 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.06 Effective June 28, 1983. Emergency repealer effective October 1, 1993. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.07 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

Author: Notes Ala. Admin. Code r. 660-2-11-.08 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Social Security Act, Titles IV-A and XIX; 45 C.F.R. 205.10; 42 C.F.R. 431 ; State Plans for Tit…

(Repealed). Author: Rhonda Geddie Notes Ala. Admin. Code r. 660-2-13-.01 Effective April 1, 1990. Emergency amendment effective May 1, 1990. Subsequent emergency amendment to emergency amendment of May 1, 1990, also effective May 1, 1990. Succedent permanent amendment effective A…

(Repealed). Author: Rhonda Geddie Notes Ala. Admin. Code r. 660-2-13-.02 Effective April 1, 1990. Repealed: Filed December 16, 1998; effective January 20, 1999. Statutory Authority: §1115 of the Social Security Act, as amended; §17(b) of the Food Stamp Act of 1977; 7 C.F.R. 271.6…

(Repealed). Author: Notes Ala. Admin. Code r. 660-2-13-.03 Effective April 1, 1990. Repealed: Filed December 16, 1998; effective January 20, 1999. Statutory Authority: Food Stamp Act of 1977; §302(a) of the Disaster Relief Act of 1974; 7 C.F.R. 272.1 and 280.1; Code of Ala. 1975,…

(Repealed). Author: Rhonda Geddie Notes Ala. Admin. Code r. 660-2-13-.04 Effective April 1, 1990. Amended: Filed October 6, 1995; Effective November 10, 1995. Amended: Filed October 4, 1996; effective November 8, 1996. Amended: Filed February 6,1997; effective March 13, 1997. Rep…

(Repealed). Author: Rhonda Geddie Notes Ala. Admin. Code r. 660-2-13-.05 Effective April 1, 1990. Amended: Filed October 6, 1995. Effective November 10, 1995. Amended: Filed February 6, 1997; effective March 13, 1997. Repealed: Filed December 16, 1998; effective January 20, 1999.…