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If the client and/or representative fails to appear, the hearing will be held without the client or representative.
If the client appears but can prove the notice was received less than 30 days in advance, the hearing may be rescheduled, or the client may be allowed additional time to present evidence to the ALJ.
If the client or representative fails to appear for the scheduled hearing and claim the Notice of ADH Hearing was not received, the client or Authorized Representative has thirty (30) days from the date of the release of the hearing decision to claim good cause for not appearing for the hearing.
If the client or Authorized Representative fails to appear for the hearing for a reason other than non-receipt of the notice of an ADH hearing, the AG has ten (10) days from the scheduled date of the hearing to claim good cause for not appearing. If good cause is provided, Hearings and Appeals will schedule a new hearing date.
The ADH must be conducted in the same manner as a fair hearing. The ALJ must advise the AG member or representative that they may refuse to answer questions during the hearing. 4215.25.00 PARTICIPATION OF ASSISTANCE GROUP AWAITING A HEARING
A pending disqualification hearing must not affect the individual's right to participate in the program. The DFR cannot disqualify an AG member for IPV until the ALJ finds that the individual has committed the violation. The eligibility and benefit level of the individual must be determined in the same manner it would be determined for any individual. (f37) 4215.30.00 CONSOLIDATION OF ADH WITH FAIR HEARING
Hearings and Appeals staff may combine a fair hearing and an ADH into a single hearing, if the factual issues arise out of the same or related circumstances and the individual receives prior notice that the hearings will be combined.
If the disqualification hearing and fair hearing are combined, the Hearings and Appeals Section will follow the time frames for conducting disqualification hearings.
If the hearings are combined for the purpose of settling the amount of the claim at the same time as determining whether or not IPV has occurred, the individual does not have a right to a subsequent fair hearing on the amount of the claim. However, the Hearings and Appeals Section shall, upon AG request, allow the AG to waive the 30-day advance notice period. (f38) 4215.35.00 THE ADH DECISION
The Information contained in Section 4210.30.00 applies to ADH decisions as well as fair hearings. Additionally, if OALP enters a no-show date, the Hearings and Appeals staff must enter the