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MS 1070

(4)

each hearing. In the instance that the assigned claims worker is unable to attend the hearing, the agency cannot ask OAH to reschedule. Instead, another claims worker will be assigned to attend the hearing. Additionally, if another worker or individual gathered information for the claim/investigation, include that individual as a witness. Attendance by a Department for Community Based Services (DCBS) worker is mandatory under these circumstances so that the evidence is not considered “hearsay”.]

Example: A Protection and Permanency (P&P) worker reported to the local office that the individual lost custody of their children a year ago and they are all residing in foster care. The case was referred to claims for an investigation. The claims worker contacted the P&P worker and obtained written records to confirm the allegation and was the basis for claim establishment based on the household size not being reported accurately. The evidence should include verification obtained from P&P. The P&P worker must be requested to attend as an agency witness to the telephonic hearing to testify to the validity of the investigation and findings.

2. [Hearings held face-to-face - an agency representative must be present at each hearing. In the instance that the assigned claims worker is unable to attend the hearing, the agency cannot ask OAH to reschedule. Instead, another claims worker will be assigned to attend the hearing. Prepare a copy of the evidence for the individual to receive at the scheduled face-to- face hearing. Additionally, if another worker or individual gathered information for the claim/investigation, include that individual as a witness. Attendance by a DCBS worker is mandatory under these circumstances so that the evidence is not considered “hearsay”.]

Example: The Office of Inspector General (OIG) conducted an investigation that substantiated an allegation that the recipient was not accurately reporting their household size and income. OIG was able to obtain multiple collateral contacts through the course of the investigation, along with other verification sources to support the allegation. The evidence should include the OIG Investigation received in full. The OIG Investigator must be requested to attend as an agency witness to the face-to-face hearing to testify to the validity of the investigation and findings.

G. A requested hearing may be withdrawn by utilizing the “Postponement/Withdrawal Request” button on the Hearings Summary page in the Hearings when:

1. Information becomes available that indicates IPV did not occur. Contact the individual when this occurs.

2. The individual signs form FS-80A, Voluntary Waiver of SNAP Administrative Disqualification Hearing.

3. It is later discovered that information or evidence pertaining to the claim