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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

2 Section 700 Change #03-2022 July 01, 2022 hearing decision will be required within 70 days from the date of the request for a hearing. 700.04

NOTIFICATION OF RIGHT TO REQUEST HEARING Each FNS unit is informed on the application of its right to a hearing, of the method by which a hearing may be requested, and that its case may be presented by a FNS unit member or a representative, such as a legal counsel, a relative, a friend, or other spokesperson. In addition, whenever the FNS unit expresses disagreement with a county department action, it must be reminded of the right to request a fair hearing. If an individual or organization is available that provides free legal representation, the FNS unit must also be informed of the availability of that service. 700.05

LOCAL CONFERENCE The county department must offer a local (agency) conference to households that wish to contest a denial of expedited service. The county must advise that an agency conference is optional and that it will in no way delay or replace the fair hearing process. A. At a minimum, the local conference must include the FNS supervisor and/or the county director and a member of the FNS unit and/or its representative. The caseworker may also attend the conference. B. If the local conference resolves the dispute, request that the FNS unit make a written withdrawal of its request for a hearing. Otherwise, a fair hearing must still be held. C. Conferences for households contesting a denial of expedited service will be scheduled within two working days unless the household requests that it be scheduled later or states that it does not wish to have a conference. D. If the conference is agreed to by the recipient, it is normally held in a county office. However, the conference can be held In-Person conference at the county DSS office, Remote Telephone conference, Remote Video conference or where the individual resides or in such other place mutually agreed to. E. At the conference, the household or household's representative must be given an explanation of the proposed action, be allowed to question the proposed action, and present any information that may affect the decision. F. If, in a county conference, the county and the recipient agree that the latter is entitled to restoration of lost benefits, the recipient may be authorized this without a fair hearing or any action on the part of the State. 700.06

AGENCY CONFERENCES A. Mandatory Agency Conferences