If an individual requests an appeal by telephone, an appointment will be scheduled by
the SAU giving the individual at least 20 days to prepare for the appeal.
When the SAU sends the appointment notice, they will accommodate the times requested
by the individual unless for some very good reason it is not possible.
If the individual waives the 20-day period, a telephone hearing will be scheduled
as soon as possible.
The SAU records the hearing to allow preparation of a certified transcript, if one
is determined necessary.
The appeal will be established in MAPS and submitted to the SAU.
The SDR will conduct the telephone hearing, and decide the case.
The individual can request a delay (one delay may be approved; up to 2 delays if the
individual has good cause). Examples of good cause reasons include, but are not limited
to:
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Individual attempted to obtain information but needs additional time;
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Individual’s representative has a prior commitment to be in court or at another administrative
hearing on the date the hearing is scheduled;
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•
Individual offering assistance would be unavailable to participate in the scheduled
hearing;
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•
Individual is unrepresented, and is unable to respond to the notice of hearing because
of physical, mental, educational, or linguistic limitations (including any lack of
facility with the English language); or
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Individual did not receive notice of the hearing appointment;
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Individual was hospitalized at time of appointment.
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If the individual did not request a delay but is not present at time of the scheduled
hearing, the SDR will wait 1-2 days before making a decision based on the information
available. If the individual wishes to proceed with a hearing, the SDR will reschedule
if the individual had good cause for missing the scheduled hearing. For example, the
individual was suddenly hospitalized at the time of the scheduled hearing.