Rights During an Appeal

A. A household is entitled to the following: 1. Be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or they may represent themselves at the DRC or state-level fair hearing. 2. Adequate opportunity to examine the case file and all documents and records used by the local office in making its decision and all documents and records that are to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing. The contents of the case file including the application form and documents of verification used by the local office to establish the household's eligibility and allotment shall be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge; or the nature or status of pending criminal prosecutions; or confidential informants; or privileged communications between the local office and its attorney is protected from disclosure. If requested by the household or its representative, the local office shall provide a free copy of the portions of the case file that are relevant to the hearing. Confidential information that is protected from release and other documents or records which the household will not otherwise have an opportunity to contest, or challenge shall not be introduced at the hearing nor affect the hearing officer's decision. 3. Present new information or documentation to support reversal or modification of the proposed adverse action. B. The household, its representative, and the local office shall be entitled to: 1. Present the case or have it presented by a legal counsel or other person. 2. Bring witnesses. 3. Advance arguments without undue interference. 4. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses. 5. Submit evidence to establish all pertinent facts and circumstances in the case.