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If the withdrawal is verbal, OALP will notify the appellant that no further action will be taken unless the appellant contacts OALP within 10 days of receiving the notice. 4205.50.10 WITHDRAWAL OF APPEAL BY APPELLANT
Withdrawal from appeal may be verbal or written for SNAP and TANF. No pressure is to be exerted on the applicant/recipient to withdraw the appeal. DFR will notify OALP, who will acknowledge the withdrawal in writing. The appeal is then closed. 4205.50.15 ABANDONMENT
An appeal is abandoned when the appellant or their representative, without good cause, does not appear at a scheduled hearing. The appeal will be closed, and the appellant so notified. (f24) 4210.00.00 THE FAIR HEARING
A fair hearing is an administrative review of the action taken or proposed concerning an individual's eligibility and/or amount of assistance. An Administrative Law Judge (ALJ), who is a State employee of FSSA, is designated to hold fair hearings and to issue findings of fact and decision on an appeal request.
A fair hearing allows the applicant/recipient an opportunity to present grievances and to provide a personal account of the circumstances. The appellant may also be represented by legal counsel, relatives, friends, or any other spokesman of their choice. DFR staff also attend the hearing and present the facts on which the action was based. 4210.05.00 PREPARATION FOR HEARING BY APPELLANT
Prior to the hearing the applicant and/or representative is to be given an opportunity to: • Discuss the issue being appealed with the DFR; • Examine the entire case record, including all documents and records that will be used by the DFR at the hearing. o For SNAP, confidential information, such as names of individuals disclosed about the AG without their knowledge or nature and/or pending criminal prosecution is protected from release if requested by the AG and/or representative. (f25) and • Obtain free of charge copies of all exhibits that will be used as evidence by the DFR at the hearing.
The appellant is to be advised of any legal services available that can provide representation at the hearing. 4210.10.00 PREPARATION FOR HEARING BY THE DFR