B Hearing Attendance and Proceedings

Revised 12/14/2018

Policy

1) Hearing Attendees

The following persons must attend the hearing:

Administrative Law Judge (ALJ);
Customer that requested the hearing;
Agency representative; and

These other persons may attend:

Any witnesses invited to the hearing by the customer;
An attorney representing the customer;
An attorney representing the agency;
An interpreter provided by the agency;
Eligibility office staff;
Agency representative from another agency responsible for the decision (i.e., DDSA).

2) Penalty for Not Attending the Hearing

If an agency representative fails to attend the hearing, the ALJ may move forward with the hearing and issue a decision based on the complainant’s testimony.

If the customer or customer’s representative fails to attend the hearing without good cause or without receiving a postponement, the ALJ may:

Proceed with the hearing;
Reschedule the hearing;
Issue a recommendation based on the evidence in the hearing record; or
Deny the appeal.

3) Proceedings

The following chart summarizes the roles of the people involved in the hearing:

If the person is the...	Then the person...
Administrative Law Judge (ALJ)	Introduces the people attending the hearing; Explains that the hearing is recorded when available; Makes a brief opening statement about the hearing procedures or shows a DVD; Swears everyone in; May ask for brief opening statements; and Makes closing statement.
Agency Representative	Makes a brief opening statement Gives legal references to support the action(s) taken; Cross examines agency witnesses; Cross examines the customer and their witnesses; Objects to testimony when needed; Answers questions from the ALJ; and Makes a closing statement.
Agency Witness(es)	Answers questions posed by the Agency representative; Explains how the SOC or premium amount was figured or why eligibility was denied or stopped, the requirements, and why those requirements were not met; and Answers questions posed by the ALJ, the complainant, or the complainant's representative.
Customer	Testifies and calls witnesses to testify; and Asks questions of the ALJ, Agency representative or the Agency witnesses; and Makes a final statement.

Legal Authority

Program

Legal Authorities

All Programs

42 CFR 431.240

AAC R9-34-104 and 105