Page 543

SNAP CERTIFICATION MANUAL – SECTION 16000 16500 The Administrative Hearing Process 16512 Review of the Administrative Hearing File

The file must include notices sent to the household about the action under appeal. If a notice was system generated, documentation of the date generated and notice type must appear. 2. Documentary Evidence The file must include documentary evidence that supports the notice of action upon which the household is basing the appeal. Examples of documentary evidence include, but are not limited to, the application submitted by the household, authorizing documents or narrative, collateral statements, income statements, resource verification, county referral to E&T Program or the Workfare Program, and witness statements. 3. County Statement (DHS-1203) The file must include a copy of the county statement. The county statement must state the issue and must contain a summary of all facts and evidence supporting the county office’s position. Ambiguous and technical language must be avoided. Five copies of the DHS-1203 must be prepared. The original will be sent to the plaintiff prior to the date of the hearing. A copy will be sent to the appropriate Area Manager. A copy will be included in the hearing file sent to the Office of Appeals and Hearings. A copy will be included in the hearing file retained in the county office. A copy will be filed in the case record. The administrative hearing file may be discarded or attached to the household’s case record after receipt of the decision. (A copy of the DHS-1203 must be retained in the case record.)

16512 Review of the Administrative Hearing File SNAP Manual 12/01/00 The household has ten days from the receipt of a form letter from the Office of Appeals and Hearings to go to the county office and review the administrative hearing file. The designated representative may accompany the household. The ES Supervisor or a designee must be present during the review.

16513 Subpoena of Witnesses SNAP Manual 12/01/00 Either the household or the county office has the right to subpoena witnesses to testify at an administrative hearing.