The Office of Administrative Hearings (OAH) is responsible for hearing cases on alleged, adverse actions against clients of the Department of Social Services.  These types of cases include, but are not limited to:

• Denial, reduction or stoppage of Supplemental Nutrition Assistance Program (SNAP) benefits;
• Placement of a person’s name on the Child Abuse and Neglect Registry due to an Out of Home Abuse or Neglect (OHAN) indication;
• Indication of a child welfare case for abuse and/or neglect, where there is no family court action.

A request for an appeal hearing must be made within the appropriate timeframe and in the appropriate manner for the hearing to be scheduled.

Hearings are heard by administrative hearing officers, who oversee all areas of the case, to include, ruling on any motions, listening to evidence, and writing the decisions on the cases they hear.  Case decisions are mailed to the parties, once a decision has been made. 

What to expect when requesting a hearing

Economic Services Programs (SNAP - Supplemental Nutrition Assistance Program, TANF -Temporary Assistance for Needy Families, SC Vouchers (child care vouchers), etc. )

1. A request for a hearing must be made within 90 days of the adverse action (60 days if TANF/ABC Vouchers)
2. Once a hearing request is received by OAH, the county, which initiated the adverse action, is notified via email to conduct a prehearing conference.
3. A hearing schedule letter, with instructions on how to participate in the hearing, is mailed to the client.
4. An evidence packet is mailed to the client.
5. Once a hearing is conducted, the hearing officer (or committee) makes a decision on the case and an order is written.
6. The order is mailed to the client.
7. If the client does not agree with the decision, the client can:
   • Ask for a Motion to Reconsider, within 10 days of the order, based on one of the following reason:
     • a material error of law;
     • a material error of fact; or
     • the discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.
   • Request a judicial review by the South Carolina Administrative Law Court. This request must be made within 30 days of the order.
8. SCDSS is obligated to follow final orders.

Administrative Disqualification Hearings

These hearings are initiated by SCDSS to determine whether the client willfully intended to deceive the agency and to impose a disqualification if such intent is found.

1. SCDSS requests a hearing if the client refuses to sign an Administrative Consent Agreement or discuss the issue.
2. A schedule letter, with instructions on how to participate in the hearing*, is mailed to client 30 days prior to the hearing.
   * NOTE: A hearing may be held in the client’s absence.    
3. A hearing is conducted and the hearing officer makes the decision.
4. The final order is mailed to the client.
5. If the client does not agree with the decision, the client can:
   • Ask for a Motion to Reconsider, within 10 days of the order, based on the following reason:
     • a material error of law;
     • a material error of fact; or
     • the discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.
   • Request a judicial review by the South Carolina Administrative Law Court. This request must be made within 30 days of the order.
6. SCDSS is obligated to follow final orders.

Other Agency Program Areas

1. An appeal must be requested, in writing, within 30 days of notification of the alleged, adverse action.
2. The program area is notified of the appeal request. The program area is responsible for providing OAH with a copy of notification of the alleged, adverse action and verification of when the notification was sent to the client.
3. A schedule letter, with instructions on how to participate in the hearing, is mailed to client 30 days before the hearing. This letter will also contain the information on how to participate in the prehearing conference.
4. A prehearing conference is conducted, no sooner than, 10 days from the date of the schedule letter.
5. A hearing is conducted and a decision is made.
6. The final order is mailed to the client.
7. If the client does not agree with the decision, the client can:
   • Ask for a Motion to Reconsider, within 10 days of the order, based on the following reason:
     • a material error of law;
     • a material error of fact; or
     • the discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.
   • Request a judicial review by the appropriate review court. This request must be made within 30 days of the order.
8. SCDSS is obligated to follow final orders.