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SECTION 1400 FAIR HEARING

LIHEAP MANUAL JANUARY 2022 73

1400 BACKGROUND

All applicants/clients shall receive fair and equitable treatment and may question any decision or action taken by the Community Action Agency.

1400.1 REQUIREMENT

The LIHEAP State Plan requires a due process hearing within the Department. The Office of State Administrative Hearing (OSAH) is responsible for the fulfillment of the hearing provision.

1400.2 BASIC CONSIDERATION PROCEDURES

CAA must inform each applicant/recipient (A/R) in writing of the following:

• Right to a fair hearing whenever any action affects his/her application/benefit. • Right to be represented by an authorized representative such as legal counsel, relative, friend or other spokesperson. • Right to represent oneself. • Right to timely and adequate notice of denial/benefit change.

NR must file hearing request within 10 calendar days after notice of denial/change. CAA has responsibility to take prompt action in reviewing and correcting all complaints. CAA is required to assist NR in filing a hearing request and preparing for the hearing. The CAA will assess each request in- house to determine if the issue can be resolved locally. Should the client request an administrative hearing, the request is sent to the State LIHEAP office. The State will provide an opportunity for a Fair Hearing through the Office of State Administrative Hearings, Legal Services Office to individuals whose claims for assistance are denied or are not acted upon with reasonable promptness. Appropriate procedures will be described by the Legal Services Office to assure due process is carried out in all cases.

A hearing may be requested for the following reasons:

• Application for assistance is denied. • Application is not acted upon within a reasonable period of time. • Benefit level is less than applicant believes it should be. • Applicant is aggrieved by any agency action resulting in reduction, discontinuance, or termination of assistance.