12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 08/31/25-433 12.2 How many of those fair hearings resulted in the initial decision being reversed? 42 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? None 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. ADES shall provide an Applicant or Client with a notice of their Grievance rights on the ADES LIHEAP webpage, when a person submits a physical or online application and when issued a benefits decision notice. A person may file a Grievance following a denial or other adverse action, to contest the approved benefits amount, or if ADES fails to take action within the prescribed time limits on the Applicant or Client’s eligibility for benefits. The Applicant or Client’s Grievance options include: Requesting Administrative Review of the ADES decision. Requests for Administrative Review must be submitted in writing within 10 calendar days of the date of the adverse action or denial. The Applicant or Client will be provided the opportunity to confer with reviewing staff regarding the request, or waive the hearing. After considering all evidence and the Applicant or Client’s presentation, if any, the ADES decision may be upheld, or the request for Administrative Review granted in full or in part. Any Applicant or Client whose request for Administrative Review is not granted in full is notified of their subsequent Appeal rights. A request for Administrative Review does not limit a Client or Applicant’s right to Appeal, and a Client or Applicant may Appeal in lieu of, or subsequent to, Administrative Review. The Applicant or Client may request a Fair Hearing by submitting an Appeal of the decision to the Appellate Services Administration. Appeals must be submitted in writing using ASA-1011A form within 20 calendar days from the date of the program decision or adverse action. The Appellant or representative of the Applicant may request to withdraw the hearing request at any time by contacting ADES. A Pre-Hearing Conference will take place, after an appeal is submitted, between ADES and the Applicant or Client in hopes of resolving the issue. The ADES Office of Appeals will conduct a hearing in accordance with A.R.S. 41-1061. The hearing officer will render a decision within 90 calendar days of the appeal date that is based solely on the evidence in the record and testimony produced at the hearing and applicable law. The decision will include findings of fact that include a concise statement of the conclusions upon each contested issue of fact, citations to the law and authority applicable to the issue of appeal, a statement of the conclusions derived from the controlling facts and law and the reasons for the conclusions, the name of the hearing officer, the date of the decision, and a statement of further appeal rights and the time period for exercising those rights. LIHEAP staff must not limit or interfere with the Applicant’s right to request a hearing. Households are advised that they may file a grievance if their application is not acted on in a timely manner. Timely action on an application means an application is processed within the prescribed time limits below, beginning from the date an application is received in person, online, by mail, or by fax: For Standard LIHEAP: Within 30 calendar days For Regular Crisis: Within 48 hours For Life-Threatening Crisis: Within 18 hours 12.5 When and how are applicants informed of these rights? ADES will provide an applicant or client with a notice of grievance rights, including the right to request Administrative Review and the right to request an Appeal. This information will be available on the DES LIHEAP webpage,on both the physical and online LIHEAP applications, and when issued a benefits decision notice. The online portal will email the applicant when they receive a new communication regarding a grievance. Fair Hearing information will also be posted at CAA locations in waiting areas. If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.