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88 | P a g e October 25 During the above-mentioned review, XXX will provide you with an explanation of the reasons for the action taken in your case and you can present your information to show that this action was incorrect and why it should not have been taken. will contact you within ten days to arrange a date for this review and if, after this discussion, you feel your reason for your appeal has not been resolved, arrangements will be made for a Fair Hearing. Sincerely, (name) Hearings Officer HIF/ cc: Director (HRDC name) Any other pertinent person.

5.10 Hearing Officer RESPONSIBILITY: The Department's Hearing Officer shall conduct all Fair Hearings on issues arising out of the LIHEAP and Weatherization Assistance Program.

POWERS AND DUTIES: The Hearing Officer:

• May require witnesses, depositions upon oral examination, written questions, written interrogatories, and other materials as necessary for the hearing. For this purpose, the Hearing Officer may and, upon request of any party to the hearing, shall issue subpoenas for witnesses or subpoenas duces tecum. • May order the Department, or where appropriate, the sub-grantee, to pay witness fees, mileage, and other actual and necessary expenses of a witness subpoenaed at the request of a claimant if, in the judgment of the Hearing Officer, the testimony of that witness is essential to the claimant's case. • May disqualify him/her at any time on the filing of a timely and sufficient affidavit of personal bias or other disqualification. • May direct the parties to appear and confer in a Pre-hearing Conference to consider definition and simplification of the issues. • May allow, for good cause shown, a third party to represent a claimant as an authorized representative in those instances where written authorization of the claimant is not obtainable. • May grant continuance not to exceed thirty (30) days at the request of the claimant for good cause shown, or at the request of the Department or another party if the claimant agrees to such continuance in writing. • May take judicial notice of state and federal laws and regulations and facts within the general knowledge of the public. • Shall administer required oaths or affirmations. • Shall consider all relevant issues. • Shall request, receive, and make part of the record all evidence presented.