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? None 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. Hearings may be requested in person, in writing (including fax), or by telephone. Hearings can be requested by the applicant, an authorized representative, friend, relative, or legal representative. Hearing requests can only be denied by the Division of Legal Services (DLS) Administrative Hearings Unit (AHU). Requests for hearing are forwarded to the DLS, AHU. DLS AHU schedules a hearing and notifies all parties by letter stating the hearing date and time of hearing. The hearing will be a telephone hearing unless the claimant (applicant) refuses a telephone hearing. If the claimant (applicant) refuses the telephone hearing, an in-person hearing will be conducted. A representative from the contract agency having first-hand knowledge about the application for services, processing, and decision being heard should attend the hearing. If it is not possible for the representative to attend the hearing, it is recommended the LIHEAP Program Director attend in his/her place. The final decision upon completion of the hearing rests with the Family Support Division (FSD) Director. The contract agency must follow the recommendation indicated in the hearing decision. The law also provides that a Claimant/Applicant aggrieved by the Decision and Order has the right to file an appeal within ninety (90) days from the date of the Decision and Order. 12.5 When and how are applicants informed of these rights? The LIHEAP application notifies the applicant of their right to request a hearing when a case has been denied or not acted upon in a timely manner. Energy Assistance (EA) and Energy Crisis Intervention Program (ECIP) households are also notified of hearing rights if the application is determined to be LIHEAP ineligible. EA households are notified of their hearing rights via the Energy Assistance Notification (EA-6). The EA-6 states, “You have the right to request a fair hearing if you do not agree with this decision and you request the hearing within ninety (90) days after the date of this letter. If you request a fair hearing, you may present information yourself or you may be represented by your own attorney." ECIP households are notified of their hearing rights in writing on the contract agency’s denial letter which is sent by the contract agency. Hearings requested in relation to a decision regarding ECIP are also handled by the DLS AHU using the same procedures. 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.