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ESA SNAP Policy Manual 231 Chapter 19 Chapter 19. Administrative/Fair Hearings 19.1 Administrative/Fair Hearing Definition A customer or authorized representative who disagrees with an action ESA takes that affects benefits, program participation or program requirements may request an administrative hearing. “Administrative hearings” are commonly referred to as “fair hearings,” and both terms are used throughout this chapter. A customer or authorized representative may file a hearing request with anyone at ESA. They may also file a request with the Office of Administrative Hearings (OAH), the District agency that makes rulings on disputes about eligibility for Department programs. 19.2 Right to a Fair Hearing At the time of initial and recertification application for benefits and on any Notice of Adverse Action, each customer will be informed in writing that they have a right to request a fair hearing. ESA Notices of Adverse Action must include the following information:  Method by which a hearing may be requested  An explanation that the customer has the right to be represented by legal counsel, relative, friend or a person who is not an employee of the District  An explanation that the customer may bring witnesses on their behalf  An explanation that ESA will pay reasonable expenses related to the hearing, such as transportation costs for the customer and their witnesses  A list of public and private sources that provide legal services at low or no cost  Circumstances under which benefits will be continued if a fair hearing is requested  An explanation that the customer will be liable for any overissuances received while awaiting a fair hearing if the hearing official’s decision is adverse to the household

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