Oklahoma § 56-168 - Appeal by applicant - Procedure - Review

§ 56-168. Appeal by applicant - Procedure - Review

A. Any applicant or recipient adversely affected by a decision

of the Department of Human Services on benefits or services provided

pursuant to the provisions of this title, shall be afforded an

opportunity for a hearing pursuant to the provisions of subsection B

of this section after such applicant or recipient has been notified

of the adverse decision of the Department.

B. 1. Upon timely receipt of a request for a hearing as

specified in the notice of adverse decision, the Department shall

hold a hearing pursuant to the provisions of Section 310 of Title 75

of the Oklahoma Statutes.

2. The record of the hearing shall include but shall not be

limited to:

a.

all pleadings, motions, and intermediate rulings,

b.

evidence received or considered,

c.

any decision, opinion, or report by the officer

presiding at the hearing, and

Oklahoma Statutes - Title 56. Poor Persons

d.

all staff memoranda or data submitted to the hearing

officer or members of the agency in connection with

their consideration of the case.

3. Oral proceedings shall be electronically recorded by the

Department. Any party may request a copy of the tape recording of

their administrative hearing or may request a transcription of the

tape recording to comply with any federal or state law.

4. The decision issued pursuant to this subsection shall be the

final decision of the Department unless appealed pursuant to

subsection C of this section.

C. Any decision of the Department after such a hearing pursuant

to subsection B of this section shall be subject to review by the

Director of Human Services or a designee of the Director upon a

timely request for review by the applicant, recipient or Department

staff. The Director or a designee of the Director shall issue a

decision after review or may refer review of the hearing decision to

the Commission for Human Services. The referral shall be based on

criteria established by the Commission. The decision of the

Director or a designee of the Director shall be final unless

appealed as provided by the provisions of subsection D of this

section.

D. Any applicant or recipient under this title aggrieved by a

decision of the Director or a designee of the Director rendered

pursuant to this section may petition the district court in which

the applicant or recipient resides for a judicial review of the

decision pursuant to the provisions of Sections 318 through 323 of

Title 75 of the Oklahoma Statutes. A copy of the petition shall be

served by mail upon the General Counsel of the Department.

Added by State Question No. 226, Initiative Petition No. 155, § 8,

adopted July 7, 1936. Amended by Laws 1939, p. 90, § 8, emerg. eff.

May 9, 1939; Laws 1985, c. 11, § 1, eff. Nov. 1, 1985; Laws 1993, c.

7, § 1, eff. July 1, 1993; Laws 1994, c. 233, § 1, eff. Sept. 1,

1994; Laws 1995, c. 170, § 1, emerg. eff. May 8, 1995; Laws 2001, c.

415, § 17, emerg. eff. June 5, 2001; Laws 2012, c. 253, § 3, eff.

Nov. 1, 2012.