ORDERS:
ORDER
This matter comes before the Administrative Law Judge Division ("Division") pursuant to Linda Paulette Roberson's
appeal of Health and Human Services' ("HHS"'s) denial of her application for MIAP assistance after Roberson failed to
appear at her contested case hearing held on February 26, 2002.
Roberson's contested case hearing was scheduled to be heard by HHS's Division of Appeals and Hearings at 10:30 a.m. on
February 26, 2002. Roberson failed to appear. Thirty-five minutes after the hearing was scheduled to begin, the hearing
was conducted in Roberson's absence. That same day, HHS issued a Final Decision denying Roberson's requested relief
based on her failure to appear at the hearing. After receiving HHS's Final Decision, Roberson filed this appeal with the
Division. On March 5, 2002, the Division received a letter from Roberson requesting another fair hearing despite her
failure to appear at the February 26, 2002 hearing before HHS. According to Roberson's letter, Roberson missed the
February hearing due to personal illness. Roberson, in following the instructions provided her by HHS, directed her request
for a rehearing to this tribunal on appeal. HHS, therefore, has not yet had the opportunity to determine whether Roberson
can show good cause for failing to appear at her February 26 hearing. Accordingly,
IT IS THEREFORE ORDERED that this case is REMANDED to HHS to make findings of fact and draw conclusions
of law about whether Roberson's failure to appear is excusable for good cause shown and whether a fair hearing is
required.
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
March 13, 2002
Columbia, South Carolina
|
