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The most important factor behind an ALJ's decision to sustain a DFR action is correct application of federal or state law or regulation to the appellant's situation. It is important that the DFR representative presents thorough support at the hearing for the action of the DFR.
To prepare for the hearing, the DFR representative is to: • Review the case record checking for all issues leading to the action of the appeal; • Discuss the issues with the appellant and/or their representative. • Allow the appellant and/or representative to review the case documentation. • Label all documents pertinent to the issue under appeal (example: DFR Exhibit A, etc.) • Make a copy for the appellant and/or representative and one for the ALJ. • Provide a written outline as a presenting tool in the hearing, including: o Staff representative must be identified by name and position. o The time period the worker assisted the appellant and/or representative. o Short explanation of the issue under appeal o Explanation regarding action proposed and/or taken and why it was appropriate. o Verification of federal and state laws and regulations regarding the action taken
During the hearing provide labeled exhibits during the presentation: • Personal Identification: o Name o Position o Months/years as an eligibility worker • Issue: o Example: Discontinuance of TANF effective April due to earnings from employment • Sources of Information: o Copy of letter from recipient dated February 20 reporting employment beginning February 3 (DFR Exhibit A); o Copies of three check stubs dated February 11, February 18, and February 25 showing gross wages of $225 per week from XYZ Manufacturing Company (DFR Exhibit B); o Screen prints from the eligibility system showing the computation of the budget for April (DFR Exhibit C).
Explain the entire budget computation from the number in the TANF AG to the final calculation of ineligibility. • Notice of Action sent on March 8 informing appellant of the proposed action (DFR Exhibit D). • Request for appeal received on March 14 (DFR Exhibit E).
4210.15.00 CONDUCT OF THE HEARING
The ALJ conducts the hearing. Both the appellant and DFR have the opportunity to: • Present the case or have it presented by legal counsel or another person; Present testimony of witnesses; • Introduce relevant documentary evidence;