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ESA SNAP Policy Manual 235  Advise the customer that if they disagree with the result of the review, the requested fair hearing will be held as scheduled.  Inform the customer that if they agree with the result of the review, they may withdraw the request for a hearing by signing a written statement of withdrawal.  Discuss relevant laws and regulations with the customer and their representative to clarify policy and legal issues. After the ARC, OARA prepares written findings, conclusions and recommendations, known as the Conference Summary and Determination, and mails them to the customer, their representative, the center manager and OAH. If the customer fails to appear at the scheduled conference, the appeals officer will send a Conference Summary and Determination letter informing the customer that the case will go to a fair hearing for a decision. Example Ms. Hernandez applied for SNAP for herself and her two children on June 4. ESA found them ineligible based on immigration status and sent a denial notice. After receiving the denial notice, Ms. Hernandez requested a fair hearing. At the ARC Ms. Hernandez attended, OARA found that she and her children were eligible based on their immigration status. On August 3, OARA sent the center manager its decision. The center must reopen Ms. Hernandez’s application and redetermine the household’s SNAP eligibility according to OARA’s instructions.

19.5.1.1 SNAP Administrative Reviews for Expedited Service OARA will prioritize a request for review or a fair hearing for SNAP expedited service. If a customer requests SNAP expedited service and is denied, OARA schedules an ARC within two business days unless the household requests that it be scheduled later or states that it does not want to have a conference. 19.6 Scheduling of Fair Hearing OAH must hold a hearing within 45 days from the date the customer requested the hearing. OAH will send written notice of the date and time of the hearing to the customer, their representative and ESA at least five days before the hearing. This allows all parties enough time to prepare for the hearing. Customers may request or agree to less advance notice to expedite the scheduling of the hearing. The following describes the actions taken once a request for fair hearing is made:  A customer files a request for a fair hearing with ESA, OAH or OARA. A customer may request a hearing in writing, in person or by telephone.  ESA suspends the planned adverse action and reinstates benefits if the customer is eligible for continued benefits while waiting for the fair hearing decision. Return