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ESA SNAP Policy Manual 236  ESA forwards any requests received to OARA the day they are received.  OAH assigns the case to an administrative law judge (ALJ).  OAH schedules the hearing for a date within 45 days of the request and gives the household at least five days’ notice before the hearing date.  OARA schedules an ARC with ESA and the customer within 20 days of the hearing request. Next, the following actions occur: − OAH reviews the case file and determines if ESA needs to make any corrections. − If corrections are required, ESA makes them within three days. − OARA holds the ARC and writes a Conference Summary and Determination Notice. − The ALJ conducts the hearing. − The ALJ writes a recommendation and sends it to OAH for a final decision within 60 days of the hearing request unless the hearing proceedings were postponed. 19.7 Fair Hearing Procedures 19.7.1 Conducting a Fair Hearing An ALJ assigned by OAH conducts all hearings in line with federal and District rules and regulations. ESA is not represented by an attorney at any hearing when the customer is not represented by an attorney. 19.7.2 Rights of the Customer During the Fair Hearing The customer or their representative must be given adequate opportunity to act as follows:  Examine all documents and records ESA will use at the hearing at a reasonable time before the date of the hearing and during the hearing. This includes the application/recertification form and documents of verification used to determine ineligibility or benefit level, as long as this does not release confidential information. ESA may not use confidential materials withheld from the customer in the hearing.  Present their case or have it presented by a legal counsel or other representative.  Bring witnesses.  Make arguments without undue interference.  Question or disprove any testimony or evidence, including a chance to confront and cross- examine adverse witnesses.  Submit evidence to prove all relevant facts and circumstances in the case. Legal Authority Fair hearings (federal): SNAP: 7 USC § 2020(e)(10), 7 CFR § 273.15 Fair hearings (District): DC Official Code §§ 4-210.01-.19, 1 DCMR 2970–2978

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