Administrative Hearings Division

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Preserving due process for program applicants, participants, and the agency.

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Admin Hearing FAQs

We are an independent division that exists to ensure that federal dollars are used in accordance with applicable federal law and regulations and that clients are treated fairly.

Administrative hearings can be initiated by MDHS or by a client. An administrative hearing is an opportunity for agency program applicants, participants, or administrators to be heard by a fair and impartial decision maker.

The Division of Administrative Hearings within the MDHS Office of the Inspector General is the division responsible for conducting these hearings. All hearings are heard by impartial decision-makers, known as Hearing Officers, who are attorneys licensed to practice law in the state of Mississippi.

Administrative Hearings for Program Applicants or Clients

The MDHS Administrative Hearings Office conducts two types of client hearings:

Fair Hearings requested by program applicants or clients to appeal a decision made by MDHS and
Disqualification Hearings requested by MDHS when the agency believes a client or other program participant has broken a program rule and should be disqualified.

The division conducts client hearings related to the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) program, and the DECCD Child Care Payment Program (CCPP).

Learn more about the different types of hearings below.

If you receive or have applied to receive benefits from MDHS, you can appeal any decision MDHS makes about your case that you think is wrong. You can appeal if:

Your application is turned down.
The amount of your benefits is cut back or stopped.
You think MDHS’ failure to make a decision or delay in making a decision is wrong.
MDHS takes any action that directly affects you.

Learn more about your fair hearing rights below.

You have the right to request a hearing on any action by the agency or loss of benefits which occurred in the last 90 days.
Your case may be presented by a household member or a representative, such as legal counsel, a relative, a friend or other spokesperson.
If you request a hearing within 10 days from the date you were notified of the agency action, you can receive program benefits until your hearing is decided or your certification period ends, whichever comes first.
- If, however, the hearing finds that the agency’s decision was correct, your household will owe MDHS the value of any extra benefits you received.
You can still request a hearing after 10 days, but you will not be able to receive program benefits at your current rate while your hearing is decided.

Free legal services may be available to you. The Mississippi Bar provides information about Pro Bono (free) legal resources in the state.

Request a fair hearing

You can request a fair hearing in several different ways:

Complete the back of your program notice and return it to your local county office. You can fill in the section on the back on your notice requesting a hearing about your case and submit it to your local county office in person, by mail, by fax, or by email.

Complete a MDHS Programmatic Appeal Request form or write a letter requesting a hearing. A copy of the Notice of Appeal form is available below or you can request a form by calling the Administrative Hearings office at Completing a Notice of Appeal form or writing a letter requesting a hearing. Submit the MDHS Programmatic Appeal Request form or letter through any of the following:

Email: admin.hearings@mdhs.ms.gov

Fax: 601-359-5047

Mail: Mississippi Department of Human Services
Office of the Inspector General
Administrative Hearings
P.O. Box 352
Jackson, MS 39201

In-Person at your local MDHS county office

You can also call the Office of Administrative Hearings to request a hearing at 601-359-4921.

After you request a fair hearing, you will receive a notice letting you know a date and time for your fair hearing. Usually, fair hearings are conducted over the phone.

During the hearing, you will be given the opportunity to present your position fully and explain why you believe that the decision made by MDHS was wrong. MDHS may also present information about why the agency believes the decision was correct.

After hearing both sides, the hearing officer will make a decision about whether the agency’s decision was wrong and should be changed or the agency’s decision was correct.

If MDHS believes that you have intentionally violated a benefit program rule and should be disqualified from receiving benefits, MDHS may refer you for a disqualification hearing.

During the disqualification hearing, you will have an opportunity to hear the allegations and evidence against you. Afterwards, you will have an opportunity to present your own testimony and evidence to show that you should not be disqualified from the program.

You will receive a notice letting you know a date and time when your disqualification hearing is scheduled.

You have rights during a Program Disqualification Hearing.

You have the right to:

Refuse to answer any questions during the hearing;
Present your own testimony or have someone present your testimony for you, such as a lawyer, friend, relative, or community worker;
Bring your own witnesses;
Argue your case freely; and
Question any evidence or statements made against you

During the hearing, the allegations and evidence against you will be fully explained, and then you will be given an opportunity to respond.

Then, the hearing officer will decide whether you should be disqualified from the program based on all of the testimony and evidence presented during the hearing.

If you have any questions about your hearing, you can contact Administrative Hearings at 601-359-4921.

Free legal services may be available to you. The Mississippi Bar provides information about Pro Bono (free) legal resources in the state.

Administrative Hearings for Subgrantees

The MDHS Administrative Hearings Office also administers Subgrant Agency Appeal Hearings.

A subgrantee may request this type of hearing when they disagree with the findings of an MDHS audit or monitoring review.

Learn more about Subgrant Agency Appeal Hearings below.

Subgrantees are required to comply with the MDHS Subgrant Manual and all applicable federal and state regulations regarding the program(s) they administer. If MDHS makes a finding that the subgrantee is not in compliance and the subgrantee disagrees with that finding, the subgrantee can appeal the finding through the administrative hearings process.A subgrantee can request an administrative hearing by:

Email: admin.hearings@mdhs.ms.gov

Fax: 601-359-5047

Mail:

Mississippi Department of Human Services
Office of the Inspector General
Administrative Hearings
P.O. Box 352
Jackson, MS 39201

Administrative Hearing Forms

MDHS Programmatic Appeal Request (MDHS-OIG-200)

Use the MDHS Programmatic Appeal Request form (MDHS-OIG-200) to request a fair hearing.

MDHS Programmatic Disqualification Actions Good Cause for Failure to Appear (MDHS OIG 220)

Use the MDHS Programmatic Disqualification Actions Good Cause for Failure to Appear form (MDHS OIG 220) to request a good cause determination if you missed your Disqualification Hearing.

Administrative Disqualification Hearing Waiver (MDHS Form F091)

Use the Administrative Disqualification Hearing Waiver form (MDHS Form F091) if you would like to waive your right to an Administrative Disqualification Hearing.

Administrative Hearing Face-to-Face Hearing Request (MDHS Form F091A)

Use the Administrative Hearing Face-to-Face Hearing Request form (MDHS Form F091A) if you want to request a face-to-face hearing instead of having your hearing conducted over the phone.

Request for Continuance of Administrative Hearing Date (MDHS EA Form 956)

Use the Request for Continuance of Administrative Hearing Date form (MDHS EA Form 956) if you would like to request a change to the administrative (fair) hearing date that was listed on your hearing notice.

Administrative Hearing Rules

A disqualification hearing is an administrative hearing that is held when MDHS seeks to disqualify an applicant or client from participation in an MDHS-administered program such as SNAP, TANF, DECCD (including the Child Care Payment Program), or Subgrants.

MDHS is seeking to disqualify you from a program because the agency has reason to believe you may have committed a violation of the program rules or requirements.

You have several rights during the hearing. Please review the Disqualifications Hearings section above to review your rights.

review your rights

An Intentional Program Violation (IPV) is an intentional action taken by a client that violates MDHS policy or procedures such as: intentionally making a false or misleading statement, misrepresenting, concealing or withholding facts, or intentionally committing any act that constitutes a misuse of benefits.

No. If you are scheduled for a SNAP/TANF disqualification hearing, your case will be held over the telephone. You will be contacted at the number that is on your current case file. It is your responsibility to ensure that this number is up to date. If you need to update your phone number, contact Administrative Hearings immediately. If you do not receive a phone call at the time of your hearing, contact Administrative Hearings immediately.

If you are scheduled for a DECCD or Subgrantee disqualification hearing, your hearing will be scheduled via Zoom. The link will be sent to your email address on file a few minutes before the hearing. It is your responsibility to ensure that your email address is up to date. If you do not receive a zoom link for your hearing, contact Administrative Hearings immediately.

A Hearing Officer, who is a neutral decision maker.

A licensed attorney designated by the Director of Administrative Hearings to conduct the hearing and serve as an impartial administrative judge.

If you are scheduled for a SNAP or TANF disqualification hearing, you must go to your county office to request a copy of your file and evidence. Clients who have a disqualification hearing for any other program will receive a copy of the evidence by both mail and email.

Yes, you have right to submit any evidence that you may have to support your position. You may submit evidence for SNAP or TANF disqualification hearings at snap.hearings@mdhs.ms.gov. Evidence for DECCD disqualification hearings may be submitted at DECCD.hearings@mdhs.gov.

Please be sure to include your name and case number with your evidentiary submissions, whenever possible. If you need help with the process, you may call the Office of Administrative Hearings at 601-359-5047.

No, you will not be provide an attorney/representative. You have the right to have someone present your case for you such as a lawyer, friend, or community worker, but MDHS does not provide a representative for you. If you plan to have an attorney represent you during the hearing, a letter of representation must be provided prior to the hearing. This letter can be sent to admin.hearings@mdhs.ms.gov.

If you are interested in seeking legal help, you may view a list of free legal resources that may be able assist you below. Please note: The resources contained on this page are for informational purposes only. Nothing on this site should be considered a referral or legal advice.

Mission First Legal Aid Office
missionfirst.org/legal-aid

601-608-0056

The Mission First Legal Aid Office was established as a partnership between the Mississippi College School of Law and Mission First. It provides legal services and counsel to underserved residents of the Jackson area whose household income is less than 200% of the Federal Poverty Guidelines.

Counties Served: Hinds, Madison and Rankin

Mississippi Center for Legal Services
mslegalservices.org

1-800-498-1804

The Mississippi Center for Legal Services provides free civil legal assistance to eligible poor persons within 43 counties in South Mississippi. In order to qualify, most programs require a household income below 125% of the federal poverty level.

Counties Served: Adams, Amite, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Holmes, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Madison, Marion, Neshoba, Newton, Noxubee, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, and Yazoo.

North Mississippi Rural Legal Services
nmrls.com

1-800-498-1804

North Mississippi Rural Legal Services provides free civil legal assistance to eligible poor persons within 39 counties in North Mississippi. In order to qualify, most programs require a household income below 125% of the federal poverty level.

Counties Served: Alcorn, Attala, Benton, Bolivar, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Humphreys, Issaquena, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Washington, Webster, Winston, Yalobusha

If you received a notice in the mail and you have a conflict for the date and time listed, you may reschedule your hearing one time. If you need to reschedule your hearing, call Administrative Hearings as soon as possible prior to your hearing. Please note rescheduling must take place prior to the date of your hearing and you may only request one reschedule.

If you missed your scheduled hearing, you must show “good cause” for failure to appear at the scheduled date and time to be able to reschedule the hearing. If you are not able to show good cause, the hearing will not be rescheduled and the hearing with be decided without your testimony.

Good cause is a legally sufficient reason for missing your hearing.

Some of the reasons for missing a hearing that may be considered good cause include a change in contact information, a medical emergency, or being called into work last minute.

Reasons for missing your hearing that would not be considered good cause include being asleep or not answering the call from the hearing officer because you didn’t recognize the phone number.

You must complete and submit the MDHS-OIG-220 Request for a Good Cause Determination form to Administrative Hearings by email at admin.hearings@mdhs.ms.gov. You can also share any evidence to support your good cause request. Generally, you have ten (10) calendar days from the date of your missed hearing to submit a completed form.

You may call Administrative Hearings and request a copy of the form or access a copy of the form at the link below.

MDHS-OIG-220 Request for a Good Cause Determination form

You are not required to attend your hearing; however, attending the hearing is your opportunity to state your position to the Hearing Officer. If you choose not to attend, the hearing will take place without your testimony. In other words, if you choose not to attend the hearing, the hearing will be decided without any statement from you.

The Administrative Disqualification Hearing Waiver – F091 Notice is a document that may be signed by the client to waive their right to a SNAP disqualification hearing. If a client signs a waiver, they are agreeing to receive an automatic program penalty. You can access a copy of this form below.

Administrative Disqualification Hearing Waiver (MDHS Form F091)

The hearing officer will not give you their decision at the time of your hearing. The Hearing Officer will make a decision within 90 days of the notice of hearing and you, along with your county office, will be notified of the decision by mail or email, depending upon how you are registered to receive correspondence from MDHS.

If you do not agree with the Hearing Officer’s decision in your Disqualification Hearing you can appeal. You are entitled to a fair hearing. A fair hearing must be requested within 90 days of your decision.

You will have to repay the over issued funds, and you will be disqualified from receiving benefits for 1 year for your 1^st offense, 2 years for your 2^nd offense and will be permanently disqualified for your 3^rd offense.

A child care provider or individual working in or for the child care provider who is found to have committed an IPV may be responsible for repayment or recoupment of the improper payment amount and/or be ineligible to participate in the program as follows:

First Offense: 6-month probation and may be subject to additional monitoring visits from MDHS or MSDH as indicated by the nature of the offense.
Second Offense: 1-year probation and may be subject to additional monitoring visits from MDHS or MSDH as indicated by the nature of the offense.
Third Offense: Permanently terminated from participation in the CCDF program.

If it is determined that you received program funds that you were not legally entitled to receive, the federal government requires that these funds be repaid.

The Benefit Recovery Unit (BRU) handles repayments. If you are determined to have overissued funds that must be repaid, you may work with BRU to discuss payment options that may be available to you.

A fair hearing is an administrative agency appeal that is requested by the client in response to an adverse agency action. A fair hearing is available for any client upon request to the Division of Administrative Hearings or local county office. This hearing provides an opportunity for a more formal review when the client disagrees with an adverse action that has been taken by MDHS.

There are several ways to request a fair hearing. You can contact your county office, call the Administrative Hearings office at 601-359-4921, fill out the form online, or email fair.hearings@mdhs.gov.

A decision must be made within 60 days from the date you submitted your request for a fair hearing.

A subgrant is an award provided through a contractual agreement by a pass-through entity, such as MDHS, to a subgrantee to carry out part of a federal award received by MDHS. Subgrants do not include payments to a contractor or payments to an individual who is a beneficiary of a federal program.

A Subgrant Administrative Hearing (AH) is the first level of review within MDHS and occurs upon the subgrantee’s timely written request. The AH is a telephonic hearing between the subgrantee, MDHS representatives, and a designated Hearing Officer. If the subgrantee is not satisfied with the result of the AH, the subgrantee may request an Administrative Hearing Review of the AH decision.

A Subgrant Administrative Hearing Review (SAH) is the second and final level of review within MDHS that occurs upon the subgrantee’s timely written request after a decision has been made in a Subgrant Administrative Hearing (AH). A SAH Review is a review of the AH decision and corresponding case record performed by the Director of the Division of Administrative Hearings or his or her designee. The Director or designee will either confirm, modify, or overturn the AH decision.

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