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? N/A 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. In accordance with Section 2605 (b) (13) of Public Law 97-35, applicants are to be provided an opportunity for a fair hearing when assistance is denied or is not acted upon with reasonable promptness. 1. Notification of Right to Appeal Each applicant is to be informed in writing at the time of application of their right to a hearing, the method by which a hearing may berequested, and who may present their case. The Intake Worker must also give the applicant an oral explanation about fair hearings, includinginformation regarding any contact or discussion between the applicant and Subgrantee staff concerning denials, rejections, terminations, andreduction of services. 2. How to Appeal or Request a Fair Hearing a. First Level – Subgrantee/Local Review When an applicant is denied or not acted upon with reasonable promptness, the applicant has theright to request a review by the Subgrantee’s Appointing Authority or Delegated Authority approved by LHC. Upon receipt of the applicant’sFirst Level Appeal request, the Subgrantee must respond with a decision in writing to the applicant and cc: LHC within fifteen (15) business daysof the request. The decision letter must notify the applicant of their right to a Second Level Appeal by LHC. Sample Appeal Decision Letter(Appendix C). b. Second Level – LHC Review If the issue cannot be resolved at the Subgrantee level, an applicant may make a written request for aSecond Level Appeal to LHC. The written request should be submitted with an explanation of the issue on the back of the service applicationform under Right to Appeal and Fair Hearing with continuation on separate attached paper, if necessary. If the application form is unavailable, the applicant may state the request in a letter addressed to the Louisiana Housing Corporation (LHC), 2415 Quail Drive, Baton Rouge, LA 70808. If assistance is requested, the Subgrantee may assist the applicant with the preparation of a written request. The request must be received by LHC, or Subgrantee, or postmarked within ten (10) business days of the First Level Appeal decision. LHC will make a written determination tothe applicant and cc: the Subgrantee within fifteen (15) business days of receipt. LHC’s response will include further instructions for a Fair Hearing in the event the decision is unfavorable to the applicant. c. Third Level – Administrative Law Judge In the event an applicant is still dissatisfied, LHC will retain an Administrative Law Judge topreside at the hearing and follow applicable laws to render a decision. Services will not begin until the matter is resolved. Within five (5) business days, upon receipt of a request for a fair hearing, LHC shall schedule a fair hearing to be conducted no later than fifteen (15) business days from receipt of a request for a fair hearing. The fair hearing shall be conducted in accordance with the following criteria: i. The hearing shall be held in a place reasonably convenient to the applicant and open to the public. ii. The applicant shall receive notification of the hearing no less than five (5) business days before the scheduled hearing, to enable aproper preparation of the applicant's appeal. iii. The applicant shall have an opportunity to review his/her claim file, which contains all the evidence to be presented, prior to thehearing. iv. The hearing officer shall be an impartial adjudicator who has not participated in the decision being appealed. v. The applicant is guaranteed the right to: o Have a representative at the hearing; o Present evidence, including oral and/or written statement on his/her behalf; o Present witnesses; and o Cross-examine witnesses. vi. The applicant shall be given the opportunity to elect to have the matter determined through use of a declaration in lieu of personalappearance. vii. The hearing officer shall issue a final decision, in writing, within thirty (30) calendar days following the conclusion of the fair hearing. 12.5 When and how are applicants informed of these rights? Ineligible applicants are informed in writing, at the time of application, of their rights to an appeal and fair hearing, prior to signing the form. The written request with an explanation of the issue on back of the service application form under Right to Appeal and Fair Hearing should be mailed to the Louisiana Housing Corporation (LHC), 2415 Quail Drive, Baton Rouge, LA 70808. If assistance is required, the contractor may assist the applicant, if requested, to prepare a written request. The request must be received by LHC within 30 days of the decision or postmarked within 30 days. When an application is deemed incomplete, a "LIHEAP Application Required Documents Form" is completed, signed and dated by the applicant and the Agency representative, at the time of application. The form includes a checklist and information regarding the status of 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.