Local Office Responsibility During an Appeal

A. Upon request, the local office shall make available without charge the specific materials necessary for a household or its representative to determine whether a hearing should be requested or to prepare for a hearing. If the individual making the request communicates in a language other than English, the local office is required to provide bilingual staff or an interpreter who can effectively translate between the client’s language and English. The local office shall ensure that the hearing procedures are verbally explained in that language, upon request. The local office shall also help a household with its hearing process. Households shall be advised of any legal services available that can provide representation at the hearing. B. The local office shall expedite hearing requests from households, such as migrant farm workers, that plan to move from the jurisdiction of the hearing officer before the hearing decision would normally be reached. Hearing requests from these households shall be processed faster than others, if necessary, to enable them to receive a decision before they leave the area. C. The local office shall have the burden of proof, by a preponderance of the evidence, to establish the basis of the issue being appealed whether the appeal is at a state-level fair hearing or at a local-level DRC. This burden of proof applies to all matters other than IPV, which is outlined in sections 4.803.2, C and 4.803.2, E.