Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 5/30/2023

01000 >>> 01500 >>> 1504

previous section1503                                                                                                  

1505next section

1504 Client's Rights Related to a Fair Hearing - The client or the client's representative shall have adequate opportunity to:

1504.01 - Submit a request for a fair hearing (including a request to expedite as described in 1505.06), which may be on the Request for Administrative Hearing form, regarding any agency action. However, a hearing need not be granted if the request concerns only the validity of federal or state law or regulation. In addition, a hearing need not be granted when either state or federal law requires automatic adjustments for classes of recipients unless the reason for an individual appeal is incorrect computation. See 1503.01.

1504.02 - Examine the contents of his case file and all documents and records to be used by the agency at the hearing at a reasonable time before the date of the hearing as well as during the hearing. See 1224 and subsections regarding confidential case file information.

1504.03 - At his option, present his case himself, or with the aid of an authorized representative, and bring witnesses.

1504.04 - Establish all pertinent facts and circumstances and advance any pertinent arguments without undue interference.

1504.05 - Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.

1504.06 - Submit evidence to establish all pertinent facts and circumstances in the case.

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