Fair Hearing Process: Administrative Reviews

An Administrative Review is the first step of the Fair Hearing Process. It is an informal phone call where you can talk to someone from the Office of Public Assistance (OPA) about your case before the Fair Hearing happens. It’s a chance for you to explain why you think there was a mistake with your benefits and to ask questions.

If you feel like the issue is fixed during this call, you can choose to cancel the Fair Hearing request or “waive the request.” Then, the OPA will do what you both agreed on.

If you’re still not satisfied after the call, you can go ahead with the Fair Hearing. The OPA employee will often ask you to waive your hearing, it is your right to say “no,” and continue to the Fair Hearing in front of an Administrative Law Judge. For more details, you can check out our article Fair Hearings: How to Defend Your Rights (FAQ).

Montana Legal Services Association (MLSA) provides legal tips to help Montanans better understand their rights and find free resources. Need more help? MLSA assists Montanans with civil legal issues. To apply, contact Montana Legal Services Association (MLSA) at 1-800-666-6899 or apply online at MontanaLawHelp.org.