The Division of Appeals and Hearings serves as a mechanism to afford due process evidentiary hearings in accordance with the United States and State Constitutions to all applicants, recipients, and providers of service allegedly aggrieved by final determinations made by the DHHS or its agents. The Division adjudicates all appeal requests received by the DHHS irrespective of which departmental area makes the final determination.

Because of the many programs administered by DHHS, the Division works closely with several state agencies including the

• Department of Disabilities and Special Needs (DDSN),
• The State Auditor'S Office (SAO),
• The Department Of Vocational Rehabilitation (DVR) and the
• Department of Mental Health (DMH).

Finally, the Division hears appeals from Medicaid nursing facility patients when the Resident Assessment Team in the facility decertifies a patient for failure to meet level of care criteria.

Hearings, depending on the issue(s) in dispute and the parties involved, are conducted statewide. Venues include Community Long Term Care (CLTC) / Eligibility Processing area offices, nursing homes and county government buildings. Administrative hearings are also conducted in-house.

Orders and Final Administrative Decisions made by hearing officers based on the hearing record are final agency decisions. Any party to a hearing has the right to petition for further review of an Order or Decision to the South Carolina Administrative Law Judge Division.