1614.2 Agency Contact
Once a fair hearing request has been received, the agency shall attempt to contact the client, or the client’s representative, by telephone to explain the agency action and the effective date of the action taken.
Unable to Contact – The agency shall make at least two (2) attempts to contact the client by telephone to explain the agency action taken on the case. All unsuccessful attempts to contact the client shall be thoroughly documented in the case file. If the agency is unable to contact the client by phone to discuss the agency action, the agency shall complete an Agency Summary as described in 1614.4 .
Contact Completed – If the agency is able to contact the client by telephone to explain the agency action taken and the client is satisfied with the agency explanation, the client should be asked if he/she is willing to withdraw the fair hearing request. Whether or not the client is willing to voluntarily withdraw the fair hearing request will determine the next action taken by the agency. Client Agrees to Withdraw – If the client agrees to withdraw the fair hearing request, the agency shall complete a Motion to Dismiss based on the client’s decision to withdraw the fair hearing request. There is no need to complete an Agency Summary at this point. See 1614.3 Client Does Not Withdraw – If the client does not agree to withdraw the fair hearing request and states an intent to continue the appeal, the agency shall complete an Agency Summary as described in 1614.4 . See also 1615 concerning dismissal of fair hearing.