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LEGAL AUTHORITY 7.2 AREA/TOPIC DISTRICT FEDERAL Fair Hearings DCMR, Title 1, Chapter 28, 2800-2899 TANF: D.C. Official Code 4-210; 4-205.19h; 4-205.55; 4-205.56, 4-205.57 GC: See TANF and D.C. Official Code 4-205.5a MA: 42 CFR 431.200 - .246 FS: 7 USC 2020(e)(10);7 CFR 273.15

ADMINISTRATIVE REVIEWS 7.3 ALL When an applicant or recipient requests a fair hearing, OARA schedules an administrative review conference which the applicant/recipient has the option of attending. The administrative review conference provides an informal forum for the Department and recipient to review the Department’s decision regarding benefits and, where appropriate, Department errors can be corrected. Applicants/recipients who choose not to attend an administrative conference or are dissatisfied with OARA’s decision in a dispute remain entitled to a fair hearing. The OARA will: • review contested agency determinations; • maintain records of all requests for fair hearings transmitted to OARA; • discuss pertinent laws and regulations with applicants/recipients (and their legal representative, if applicable) to clarify policy and legal issues once a fair hearing has been requested; and • conduct administrative review conferences for all programs administered by ESA. Any case alleging discrimination based on age, religion, sex, race, color, disability, national origin, political belief, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, source of income, or place of residence or business will be forwarded to the OIC. Any complaint concerning collection of a Food Stamp debt through the Treasury Offset Program (TOP) will be referred to the Payments and Collections Division. Only delinquent Food Stamp claims are subject to collection through TOP. These customers were previously given the opportunity to exercise their fair hearing rights when their Food Stamp claims were established. Guidelines for Reviews 7.3.1 MA OARA will set a date for the administrative review conference. Administrative review conferences will be held not later than 20 days from the date the fair hearing request is received by DHS. (The fair hearing will be held not later than 45 days from the date of the request.) Notification of the administrative review conference will be made through ACEDS to the applicant/recipient and notice will also be sent to his/her representative, OAH and the appropriate center manager. The written notice shall inform the applicant/recipient of the following: • the time and place for the administrative review, • that the review will not be held if s/he does not attend, • that failure to attend will not affect the scheduled fair hearing which s/he has requested, • his/her right to review the case record, and • the right to be represented by a person of his/her choosing, including legal counsel, as well