§ 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 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.

Legislative History

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.