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Conducting a Hearing 7.4.6 ALL Hearings shall be conducted by an ALJ who is assigned to the Office of Administrative Hearings. All hearings shall be conducted in accordance with federal and District rules and regulations of the applicable program and the regulations and procedures of OAH. In addition, DHS shall not be represented by an attorney at any hearing in which the applicant/recipient is not represented by an attorney. Rights of the Applicant/Recipient During the Hearing 7.4.7 ALL The applicant/recipient or her representative must be given adequate opportunity to: • examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing (This includes the application/recertification form and documents of verification used to determine ineligibility or benefit level, provided that confidential information is not released. Confidential materials withheld from the applicant/recipient may not be used for the hearing.); • present the case or have it presented by a legal counsel or other representative; • bring witnesses; • advance arguments without undue interference; • question or refute any testimony or evidence, including an opportunity to confront and cross- examine adverse witnesses; and • submit evidence to establish all pertinent facts and circumstances in the case. Hearing Decisions 7.4.8 ALL A record of the hearing and recommendation(s) for final decision will be provided to the Director of the Department by the hearing officer. Recommendations of the hearing officer will comply with federal law and regulations and will be based on the record. The hearing officer's written findings, conclusions, and recommendations will be transmitted to the applicant/recipient or the representative with an explanation that the decision or determination has been submitted simultaneously to the Director of the Department. The package sent to the applicant/recipient will explain that the decision of the fair hearing officer is a recommendation and does not constitute the final decision of DHS. If the hearing officer recommends that the action of the department be sustained, the applicant/recipient will be notified that he has 10 days to present newly discovered evidence for review by the hearing officer. The OFH will monitor implementation of all final decisions. The Administrator for the ESA will implement all final hearing decisions.

PROCESSING CUSTOMER COMPLAINTS 7.5 MA Individuals having complaints about DHS procedures or staff can contact the Customer Service line, a supervisor, center manager, or the Administrator or Deputy Administrator of ESA. Any of these entities or individuals should gather all of the information about the complaint from the notice to Mr. Logan, telling him that his TANF grant will be reduced if he does not comply with work activity requirements. If Mr. Logan does not comply and does not request a fair hearing to protest the work activity sanction, the SSR should impose the work activity sanction and reduce Mr. Logan’s TANF benefits.