Office of Legal Counsel, Regulations and Administrative Hearings (OLCRAH)

The Hearings Unit


A hearing is a formal administrative meeting between a person authorized by law who (1) does not agree with a proposed action by DSS; or (2) is a resident of a nursing facility who does not agree with a facility’s proposed transfer or discharge or refusal to readmit the resident, and an impartial DSS Hearing Officer. The purpose of the hearing is to provide an individual with the opportunity to explain why they disagree with the proposed action. The Hearing Officer will carefully listen to all testimony, review all relevant documents and other facts of the case and decide if the action DSS or a nursing facility plans to take is legally justified.


Hearings take place either by videoconference (from DSS offices) or by telephone, depending on the program. Details will be in the DSS Notice of Action.  Nursing facility involuntary transfer or discharge hearings take place at the nursing facility or by telephone. If an individual is homebound, the Hearing Officer may conduct an in-home hearing personally or by telephone.


NOTE:  The information about hearings in this portion of the DSS website does not pertain to Administrative Disqualification Hearings (ADHs).  ADHs are hearings held after the Department alleges that an individual has committed an Intentional Program Violation and is proposing to disqualify that individual from participation in a DSS program. The hearing process for ADHs will be described in a separate portion of the DSS website.