§6997 Division Hearings

Summary

When someone asks for a review of a denied agency decision, the Division must hold a hearing within 45 days after it gets the request. The Division director and the hearing officer can read the case file, call witnesses with subpoenas, and give oaths. They and outside parties must not have private one‑way talks about the case’s merits (called "ex parte communications"), except when the law allows it. The hearing must be in the appellant’s state or at a convenient place. It is in person unless the appellant agrees to a phone hearing or a paper review. The hearing officer can consider any evidence, even if the agency did not know about it before. The appellant must prove the agency was wrong. The hearing officer must send a decision notice within 30 days after the hearing or after the appellant waives a hearing, unless the director sets a different time. If not appealed further, that notice is the final administrative decision. The final decision takes effect as of the application date, the date of the event, or the original decision date, whichever applies.