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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

12 Section 700 Change #03-2022 July 01, 2022 A. The record shall be retained in accordance with 7 C.F.R. § 272.1 (f), Retention of Records. This record shall also be available to the household or its representative, at any reasonable time, for copying and inspection. B. Confidential or other information which the FNS unit or representative does not have an opportunity to hear, see, and respond to will not be introduced at the hearing nor shall it become a part of the hearing record. 700.22

MEDICAL ISSUES If the hearing involves medical issues, such as those concerning a diagnosis or an examining physician's report, the Hearing Officer may rule that a medical assessment other than that of the person making the original determination will be obtained at combined federal-State expense from a source satisfactory to both the FNS unit and the county and made a part of the hearing record. (This would be a county expense.) Federal and State reimbursement is available and is included in allowable administrative expenses claimed on the DSS-1571. 700.23

HEARING DECISION The hearing decisions is rendered by the State Hearing Officer. Decisions are rendered in the name of the State Department of Health and Human Services. The hearing decision will take into consideration the issue(s) under appeal at the hearing and will be factually based on the hearing record. Decisions may not run contrary to federal law, regulation, or policy. 700.24

DECISION FORMAT The decision will state the issue, the principal facts presented at the hearing that relate to the decision, pertinent Federal Regulations, policy, and the reasoning that led to the decision. 700.25

NOTIFICATION OF TENTATIVE DECISION A decision will be prepared in tentative form and shall be sent to the household and the county department for review. The tentative decision will become final unless either party requests within ten calendar days of the date of the tentative decision to present oral or written arguments. The household and the county may present written and oral argument for and against this decision. Written argument, a request for a time extension to submit a written argument, or a request for oral argument must be submitted to the Chief Hearing Officer within ten (10) calendar days of the date the tentative decision was signed. Written argument may be mailed to the North Carolina Department of Health and Human Services, Hearings and Appeals, Attn: Chief Hearing Officer, 2418 Mail Service Center, Raleigh, NC 27699-2418 or faxed to 919-715-1910. For oral argument or a request for a time extension to submit a written argument, the Chief