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4205.40.10 REQUEST FOR CONTINUANCE FROM THE DFR

Although the DFR may also request a continuance, one should not be routinely requested. Unlike the continuance given to an appellant, the granting of a continuance to the DFR does not extend the time frame by which the hearing decision must be issued. 4205.45.00 REVIEW OF ACTION BY THE DFR

The DFR should carefully review the appellant's situation to determine whether the action on the case was correct or any adjustment is indicated. The eligibility worker will attempt to call the appellant by phone to discuss the issue under appeal.

Important: this review must not in any way interfere with a prompt continuation of benefits in accordance with Sections 4205.25.00 if a timely appeal of an adverse action is received by the DFR. 4205.45.05.05

AGENCY CONFERENCES (S)

The DFR must offer agency conferences to AGs who wish to contest an adverse agency action. AGs should be advised that the agency conference is optional and in no way delays or replaces the fair hearing.

A conference for AGs contesting a denial for expedited service should be scheduled within two (2) working days unless the AG requests that it be scheduled later or chooses not to have a conference.

An agency conference may be attended by the eligibility worker, the supervisor and/or director, the AG and/or its representative.

The agency conference may lead to an informal resolution of the dispute. At this point the appellant may make a written withdrawal; however, DFR staff is prohibited from coercion or inappropriate actions which would influence the household or its representative to withdraw the household's fair hearing request. The DFR may also accept an oral request for withdrawal. See Section 4205.50.05. 42.05.50.00 DISPOSAL OF APPEAL WITHOUT A FAIR HEARING

An appeal request may be disposed of without holding a fair hearing in the situations discussed in the following sections. 4205.50.05 ADJUSTING ACTION BY DFR

If an adjusting action is determined upon pre-hearing review by DFR, the appellant and OALP are to be notified promptly. The appellant may choose to withdraw from the hearing, or may continue to pursue the hearing. A withdrawal from the appeal may be verbal or written for TANF and SNAP.