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? 0 12.2 How many of those fair hearings resulted in the initial decision being reversed? 0 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? N/A 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. Requests for a hearing must be in writing. The Community Action Agency may assist the claimant in submitting the request. Time allowed for claimants to file for a hearing in thirty (30) days from the date of the notice of the eligibility decision. CAK staff will meet with the applicant to discuss the issue for which a hearing is requested in an attempt to rectify the situation prior to an actual hearingbeing held. An opportunity for a hearing is made available in accordance with Community Action Agency's appeal procedures as stated in the LIHEAP manual. A hearing will be granted to any individual requesting a hearing because his claim for assistance is denied or not acted upon in a timely manner. The Community Action Agency may assist the claimant in submitting the request. Time allowed for claimants to file for a hearing in thirty (30) days from the date of the notice of the eligibility decision. If dissatisfied with the Community Action Agency's decision, the claimant may further appeal to CAK. If dissatisfied with the decision of CAK, the claimant may appeal through CHFS. Hearings are conducted at a reasonable time, date and place. Adequate preliminary written notice is given. The hearings are conducted by an impartial designee of the agency who has not been directly involved in the initial determination of the action in question. The claimants, or their representatives, are given adequate opportunity to examine the contents of the case file, all documents, and records to be used at the hearing, to present the case themselves or with the aid of an authorized representative to bring witnesses, to establish all pertinent facts and circumstances to advance arguments without undue interference, and to question or refute testimony or evidence including the opportunity to confront and cross-examine adverse witnesses. Recommendations or decisions of the hearing officer are based exclusively on evidence and other material introduced at the hearing. The transcript or recording of testimony and exhibits, all papers and requests filed in the proceeding and the recommendation or decision of the hearing office constitute the exclusive record. The record is made available to the claimants or representatives at an accessible place and at a reasonable time. Decisions by the hearing authority will specify the reasons for the decision and identify the supporting evidence and regulations. When a hearing decision is appealed any individual involved in making the orginal decision may not take part in making the decision on the appeal. Final administrative action will be taken within ninety (90) days from the date of the request for a hearing and the claimant is notified in writing of the action. When the decision is adverse to the claimant, the notice will inform the claimant of the right to appeal to the appeal board and to judicial review. When the decision is favorable to the claimant, the agency shall promptly make a payment. Subject to provision for safeguarding public assistance information, all hearing decisions of the agency are accessible to the public. Weatherization: The Community Action Agencies are responsible for resolving all client complaints, including applicant denials, project deferrals, and work quality issues. Each agency establishes a clear, objective, and prompt dispute resolution process that includes mediation and arbitration should internal procedures fail to remedy a complaint. Clients must be informed at time of application of their right to file a grievance. Agencies will also be responsive to requests for information regarding the dispute resolution process. Clients may withdraw a grievance at any time with the understanding they may re-enter the process at the point they withdrew if a complaint is not resolved. KHC approves and monitors the agency's dispute process and is available to provide technical assistance and consultation. 12.5 When and how are applicants informed of these rights? All claimants are informed at the time of application, and at the time of any action affecting their claim, of their right to a hearing, the method of obtaining it, and their right to be represented by others or to represent themselves. An appeal rights information sheet is provided to clients at the beginning of the application process, before the entry of any information for the application. 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.