§6997 Division Hearings

Summary

The Director and any hearing officer must be allowed to see the full case file for any appealed decision. They can call witnesses, require papers or records by subpoena, and give oaths. People outside the Division may not have private, one-sided talks about the case with a Director or hearing officer who will take part in the hearing. The Director and hearing officer also must not have such private talks with outside people about the merits of the case. If an appeal request is filed on time, the Division must hold a hearing within 45 days of getting the request. The hearing will be in the appellant’s state or another convenient place. It must be in person unless the appellant agrees to phone or paper-only review. The hearing officer may consider new evidence even if the agency did not know it earlier and must keep the record open a reasonable time for new information after the hearing. The appellant must prove the agency’s decision was wrong. The hearing officer must send a written decision within 30 days after the hearing or after the appellant waives the hearing, unless the Director sets a different deadline. If not appealed further, that decision is final and becomes effective as of the application date, the event date, or the original decision date, as appropriate.