Page 10
2020 09/13/18 10
A household may request a hearing when: (1) Application for ECI or EC is denied; (2) Application is not acted upon with reasonable promptness.
The Department shall offer administrative hearings to all applicants of the
program. The hearings are intended to give the household’s the opportunity to
explain their situation.
Every applicant shall have the right to submit a written request naming an
authorized representative for hearing purposes The written authorization shall be
received by LIHEAP before LIHEAP acknowledges the any action taken by the
authorized representative on the applicant’s behalf.
Every applicant shall be informed in writing at the time of application and at the
time of action taken of their ability to request a written request for an
administrative hearing.
An applicant or recipient may request an administrative hearing with the provider agency within ninety (90) days of the date of their notice of decision for ECI or EC. The request must be in writing, utilizing form DHS 1461, Request for
Administrative Hearing. The provider agency shall provide the applicant with the
Administrative Hearing Request form.
Once the DHS 1461 is received, the provider agency shall forward the request
for Administrative hearing to the State LIHEAP Coordinator within three (3)
calendar days of receipt of the written request.
The State LIHEAP Coordinator completes the Administrative hearing Branch
Report with supporting documents and represents the State at the hearing. A CAP representative must be present at the hearing.
An Administrative/Fair Hearing shall be held in a place reasonably convenient to
the household. The hearing officer shall be designated by the Administrative
Appeals Office and shall be an individual not involved in the determination
leading to the decision being appealed.
2.15 Fraud:
LIHEAP households found to have misrepresented their household circumstances with the intent to receive benefits which they would not otherwise be eligible for or which resulted in an erroneous payment will be disqualified from participation in LIHEAP for one year. The disqualification period is one year for each infraction