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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 level of benefits. 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 unsatisfied applicant/recipient an opportunity to present his grievance and to describe his circumstances and needs in his own words. He may also be represented by legal counsel, relatives, friends, or any other spokesman of his choice. DFR staff involved in the protested action also attend the hearing and present the facts on which the action was based. 4210.05.00 PREPARATION FOR HEARING BY APPELLANT As the appellant prepares for the hearing, he or his representative is to be given an opportunity to: Discuss the issue being appealed with the DFR Examine his entire case record and all documents and records that will be used by the DFR at the hearing 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 THE HEARING BY DFR The most important factor behind 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. The person testifying for the DFR at the hearing should be very familiar with the appellant’s case, understand what is under appeal, and be able to argue the facts of the case and State’s position. To prepare for the hearing, the DFR representative is to: Review the case record and recheck all eligibility factors and all issues that led to the action being appealed Discuss the issue being appealed with the appellant or his representative if possible, and if a discussion is requested by the appellant. If requested, allow the appellant or his representative to examine the entire case record. Identify and label all documents that are pertinent to the issue under appeal and label them (for example, DFR Exhibit A, and so forth). Make one copy for the ALJ and one copy for the appellant