12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 40 12.2 How many of those fair hearings resulted in the initial decision being reversed? 3 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? A policy that prevented a benefit from being released for the rest of the program year if the applicant's account credit balance exceeded our maximum amount has been rescinded. Under the new policy, the applicant's benefit may be released when the credit balance falls below the limits. 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. The applicant may appeal a denial or a benefit amount. Below are the steps for the client appeal process. The LSP must provide written notification of approval or denial to all walk-in households for Energy Assistance within fourteen (14) calendar days of the household's completed and processed application. If the application is a mail-in application then the LSP must provide a written notification of approval or denial within fifty-five (55) business days. The notification must include the household's right to appeal that determination. Step I: If the applicant is not satisfied with any determination by the Program Director of the LSP, he/she may submit a written request to the LSPs EAP Manager or Executive Director for a review of the determination within thirty (30) calendar days of receipt of determination. The Executive Director or LSP Manager will make the determination of the applicants' written request within fourteen (14) calendar days of receipt of appeal. Step II: If the applicant is still not satisfied with the determination after review by the Executive Director, he/she may request formal review by the State by submitting a written request to IHCDA's Community Programs Manager for EAP within thirty (30) calendar days. If an applicant needs assistance with this procedure, they may call IHCDA. Either the LSP or the client can submit materials to IHCDA. IHCDA's Community Programs Manager for EAP will review the materials submitted and issue a written finding to the applicant and the LSP based on the documentation submitted within fourteen (14) calendar days of reciept. Step III: If after both appeals, the client has not recieved satisfaction, he or she may appeal IHCDA's Director of Community Programs within thirty (30) calendar days. The appeal must include the reasons for the applicant's objection to the decision and must be based solely upon evidence supporting one (1) of the following circumstances: 1. Clear and substantial error or incorrectly stated facts which were relied on in making the decision being challenged; 2. Unfair competition or conflict of interest in the decision-making process; 3. An illegal, unethical or improper act; or 4. Other legal basis that may substantially alter the decision. The applicant will receive written acknowledgment of receipt of the request within seven (7) calendar days of its receipt, noting the day the request was received. The IHCDA Director of Community Programs will have thirty (30) calendar days from IHCDA's receipt of the written request to review the file and make a determination. The decision of the IHCDA Director of Community Programs is final. At the time of the formal review, the benefit in question will be considered as obligated until such time as the review is resolved. If the formal review is successful, the LSP will send a transmittal to be applied to the correct account. If the formal review is unsuccessful the funds will revert to the program. If an applicant feels that an LSP did not act on an application in a timely manner, the applicant may appeal in writing to the executive director of the LSP agency. The LSP agency must respond in writing within fourteen (14) calendar days. If an applicant is not satisfied with the response to the appeal, the applicant will be able to file a further appeal with IHCDA. This information will be communicated on the LSP agency's initial appeal response. IHCDA also allows denied clients to reapply after 55 calendar days. 12.5 When and how are applicants informed of these rights? The appeal process is included on the client benefit notification letter for both approved and denied applications. The entire LIHEAP Operations Manual, with the detailed procedure, is posted on IHCDA's website for the public at https://www.in.gov/ihcda/2329.htm. We also post appeal rights and procedures on IHCDA's website and require all of our subgrantees to post the appeal rights and procedures on their own webpage and in physical office locations. Information concerning appeal rights for applications not acted on in a timely manner, as well as guidelines that define what qualifies as timely and untimely action, has been posted on IHCDA's public-facing EAP webpage at https://www.in.gov/ihcda/2329.htm. This information is also posted by each LSP agency on their own individual websites, as well as physically posted in each EAP intake site they operate. It is also distributed with all applications. If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.