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EAP Policy Manual FFY23 Chapter 10 Incidents and Appeals Page 15 Stage 4: Office of Administrative Hearings If the applicant is not satisfied with the Commerce State Office appeal decision, they may write to the Director of Energy Assistance Programs to request an appeal to the Office of Administrative Hearings (OAH). This is the fourth stage in the EAP appeals process. Once the Commerce State Office receives a request for an OAH appeal, Commerce will: • Arrange a hearing date that allows the applicant time to receive notice of the hearing. • Prepare Commerce’s testimony. • Send a copy of the application file to the applicant. OAH Hearing Procedures The Office of Administrative Hearings conducts hearings when a state or local law provides the right to challenge a government action through an administrative hearing. The services provided by the OAH are an important part of the state’s guarantee of “due process of law.” Information regarding the Office of Administrative Hearings procedures and the Administrative Procedures Act can be found at: https://mn.gov/oah/self-help/administrative-law-overview/ The Administrative Law Judge issues a recommendation to the Commerce Commissioner after the hearing is completed. The Commerce Commissioner considers the recommendation and issues a final decision. This action concludes the final stage in the EAP appeals process. The Commissioner’s final decision may be challenged according to the Administrative Procedures Act (Minn. Stat. § 14). Restitution to the Complainant If in the course of investigation of an appeal Commerce learns a Service Provider did not follow established procedures, the Service Provider may be required to provide restitution to the complainant from nonfederal funds. Appendices 10A - Incident Report Form 10B - Local Level Formal Appeals – Required Tracking Sheet 10C - Suspected Fraud Referral Cover Letter 10D - Suspected Fraud Denial Letter Template