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28 10. Fair Hearings
The Home Energy Assistance Act of 1981 provides that a household which is dissatisfied with the local agency's decision about its application may ask for a conference with the agency and/or a fair hearing. The State Office will make the final decision on all hearings conducted by the local agency.
Each local agency is to have a staff member who is thoroughly familiar with the LIHEAP and its rules to be designated to serve as the agency hearing officer for all fair hearings. Fair hearings are to be conducted in the county office unless otherwise authorized by the agency director.
At the time of application, give the applicant a written statement of his right to a hearing, the method by which a hearing may be obtained, and the right to be represented by a person of his choice at the hearing. For this purpose, give each applicant a copy of the Summarized Eligibility Requirements and a copy of his completed application.
10.1 Basis for Request A household is to be granted a hearing upon written request if the:
1. Application is denied;
2. Application is neither approved nor denied within 15 days after the date of application, unless the delay was caused by the applicant's lack of cooperation in providing necessary information to determine eligibility; or,
3. Dissatisfaction pertaining to the amount of LIHEAP assistance provided the amount in question is not in conflict with the Payment Assistance Chart.
10.2 Format of Request Any clear written statement to the State Office or to the local agency that the applicant/recipient wants an opportunity to present its case to a higher authority will be accepted, provided the request is within 45 days from the day the agency informed the applicant of its decision on the application (or within 45 days from the date of the household's application for LIHEAP if not acted upon) and that the household has a valid basis for an appeal as defined in Section 10.1 above.
A request for a hearing may be made by the applicant or someone in his behalf. If the request is filed by someone other than the applicant, such as his legal guardian, legal representative, or a lawyer of his choice, there must be a written statement signed by the applicant authorizing such person to represent him. Maintain such a statement in the applicant’s file.