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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

10 Section 700 Change #03-2022 July 01, 2022 A. Before the hearing, the household or representative may request a pre- hearing conference with the county DSS to discuss the issues in the appeal. This does not affect the right to a hearing, although the need to have a hearing may be eliminated. B. Before the hearing, the household or representative may review the case file and the records to be used at the hearing by making arrangements with the Department of Social Services for a time to review the file. The household has right to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing. The contents of the case file used by the county department to establish the household’s ineligibility or eligibility and allotment must be made available, provided that confidential information such as the names of individuals who have disclosed information about the household without its knowledge or the nature and state of pending prosecutions is protected from release. Those portions of the case files which do not pertain to the appeal or which are required by federal statutes/regulations or by State statutes/regulations to be held confidential will not be released to the household or representative. However, in cases where the household and/or representative has been denied access to portions of the case file, the Hearing Officer will certify as part of the official record that the Hearing Officer has examined the case files and that no portion of those files pertain to the appeal. The county DSS must provide free copies of the relevant portions of the case file if requested by the household or representative. C. The household may represent themselves during the appeal process, retain legal counsel at the household’s expense, or have a relative, friend, or other spokesperson to represent them. D. The household may bring their own witnesses. E. The household may argue the case without undue interference. F. May question or refute any testimony or evidence, including having an opportunity to confront and cross-examine the other party as well as make a closing argument summarizing view of the case and the law. G. May submit any evidence such as records, receipts, or other statements what will help the household explain the case and establish all pertinent facts and circumstances. 700.19

THE COUNTY DEPARTMENT The county representative has all the same rights as the claimant such as the right to examine documents, bring witnesses, advance arguments, question evidence, and submit evidence.