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FS See MA. In addition, the OARA will give priority to a request for review or a fair hearing in an expedited FS case. If an applicant/recipient requests expedited FS services and it is denied, the OARA shall schedule an agency conference within 2 days, unless the household requests that it be scheduled later or states that it does not wish to have a conference.

STATUTORY REQUIREMENTS FOR CONDUCTING FAIR HEARINGS 7.4 Fair Hearing Entitlement 7.4.1 ALL At the time of application for benefits and on any notice of adverse action, each applicant/recipient will be informed, verbally and in writing, of the conditions under which he is entitled to request a fair hearing, the process for requesting such a hearing, the right to present witnesses, the right to be represented by legal counsel or other spokespersons of his choosing, the right to have reasonable expenses related to the hearing paid by DHS, and that legal services are available to the applicant/recipient. Request a Hearing 7.4.2 ALL Any applicant/recipient for public assistance aggrieved by department action or inaction which affects her participation in a particular program or level of benefits received may request a fair hearing. A hearing request is a clear expression, oral or written, by the applicant/recipient or her representative that: • she wishes to appeal a decision of DHS, or • she wants an opportunity to present its case to a higher authority. DHS/ESA shall treat a request made by a representative of the applicant/recipient as if made by the applicant/recipient, as long as written authorization of representation is provided within 10 days of the request. The request for a hearing may be filed with any employee of DHS/ESA or may be filed directly at the OAH. The right to request a hearing may not be limited or restricted in any way. The request may be made verbally or in writing. DHS must assist the applicant/recipient in completing his/her hearing request, when asked. Upon receiving a request for a fair hearing, the ESA representative shall complete Form 1348. A request for a fair hearing must always be accepted and should be electronically transmitted by facsimile to OARA on the date it was received. The original copy of the fair hearing request and the customer’s case record should be forwarded to OARA within 48 hours. All applicants/recipients shall be afforded the right to request a hearing on any action taken by the agency, including loss of benefits, which occurred in the prior 90 days. All applicants/recipients shall also be afforded the right to request a hearing to appeal a denial of a request for restoration of benefits lost more than 90 days ago but less than one year prior to the request. All applicants will be afforded the right to request a hearing if they are not notified of a decision on their application within the time allowed. In addition, at any time during the certification period, a recipient may request a fair hearing to dispute his current level of benefits. Scheduling a Hearing 7.4.3 ALL A fair hearing shall be held not later than 45 days from the date of the request. At least 10 days prior to the hearing, OAH will send written notice of the date and time of the hearing to the applicant/recipient, his/her representative (if any), and DHS/ESA This allows all parties involved to