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▪ A concise summary stating why the participant is filing a request for a fair hearing ▪ A brief chronological summary of the agency’s action(s) in relationship to the participant’s request for a fair hearing ▪ A citation of applicable policies relied upon by the local/regional office ▪ A copy of the notice sent to the participant of the decision/action in question; and

▪ Copies of applicable correspondence, service plans, etc.

• Services will not be suspended, reduced, or discontinued if a fair hearing request is received prior to the effective date of action (but is subject to recovery by the agency if its action is sustained), until an initial decision of the hearing officer is rendered in the matter, unless:

▪ The request for a hearing concerns the suspension of program payments to a provider ▪ A change (except the matter under appeal) affecting the recipient’s service eligibility status occurs while the hearing decision is pending, and the recipient fails to request a hearing after notice of the change.

In any case where action was taken without timely notice, if the recipient requests a hearing within 10 days of the mailing of the notice of the action, and the agency determines that the action resulted from other than the application of federal or State law or policy or a change in federal or State law, services shall be reinstated and continued until a decision is rendered, except as set forth above.

Recipients are promptly informed in writing if services are to be terminated pending the fair hearing decision.

• The fair hearing decision is implemented on the 18th day following the decision being mailed to the client and local/regional office, unless an application for review is filed by the participant with the State Appeal Committee within the 15-day period unless otherwise advised by counsel. The fair hearing decision shall be automatically stayed until the application for review is disposed.

▪ When the hearing decision is favorable to the participant, the agency promptly makes corrective payments from the date the incorrect action was taken.

▪ When the hearing decision upholds agency action, any overpayment made during the fair hearing process is recovered.

Dismissal of Request for Fair Hearing. A request for Dismissal of a fair hearing request is solely a function and duty of the Administrative Hearing Section. Dismissal can occur if:

▪ The request is received more than 30 days from the date of decision or requests for agency action. ▪ The request is withdrawn by the applicant. ▪ The request concerns the validity of a federal or State law, regulation.