120-2  FAIR HEARINGS

Effective to June 30, 2010

The enrollee, the enrollee‘s parent, or a representative of the enrollee, has a legal right to ask for a fair hearing any time they don't agree with an action on the case. The fair hearing is an agency action which allows the enrollee an opportunity to present why he believes the actions taken on his case are incorrect. The agency will also present why they believe the actions taken are correct.  An impartial Hearing Officer will decide the case.

The enrollee may choose the type of hearing he wants. The Hearings Office will choose the type of hearing for any enrollee who does not indicate which type of hearing he would prefer. There are two types of hearings. 

1. Hearings in person.  All parties meet at the same place for the hearing.

2. Telephonic Hearings.  The Hearing Officer remains in his office and conducts the hearing via telephone conference call to other locations where the parties involved in the hearing are located.