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as the availability of low or no cost legal services from public and private sources. When appropriate, prior to the administrative conference, OARA shall: • hold a discussion about the issues surrounding the case with the center manager or others who are knowledgeable about the case to determine if the administration's action or inaction was proper (If the action or inaction was not proper, the center manager shall be instructed to implement corrective action within three business days. If the corrective action is not completed in a timely manner, the ESA Administrator shall be notified of the inaction by OARA.); • review the case record to ensure that it is properly documented and accurately reflects the determinations made by the SSR; and • request that the supervisor prepare a justification for action taken in relation to the contested facts or issues. At the scheduled time, the administrative conference will be conducted and the applicant/recipient must be: • informed of his right to review the case record, • advised that if the result of the review is not satisfactory to him the requested fair hearing will be held as scheduled, and • informed that if she is satisfied with the result of the review, the request for a hearing may be withdrawn by signing a written statement of withdrawal. After the administrative conference, written findings, conclusions and recommendations (Conference Summary and Determination) are prepared and sent simultaneously to the applicant/recipient, his representative, if any, the center manager and OAH. If the applicant/recipient prevails, OARA shall instruct the center manager to implement corrective action within three business days. If the corrective action is not completed timely, the Administrator of ESA will be notified of the inaction by OARA. Example
Ms. Hernandez applied for TANF for herself and her two children on June 4th. The SSR found them ineligible based on immigration status and sent a denial notice. Upon receiving the denial notice, Ms. Hernandez requested a fair hearing. She attended an administrative review conference and OARA found that she and her children were eligible based on their immigration status. On August 3, OARA sent the center manager the OARA determination By August 6, Ms. Hernandez's application must be re-opened, and her eligibility for TANF re-determined in accordance with OARA's instructions. If the applicant/recipient does not sign a statement of withdrawal, the fair hearing will proceed as scheduled. If the applicant/recipient fails to appear at the scheduled conference or to contact the OARA, the appeals officer will send a Conference Summary and Determination letter to advise the applicant/recipient that the matter has been forwarded to OAH for resolution. Failure to attend the administrative conference will not impact the course or conduct of the scheduled fair hearing. TANF See MA. GC See MA.