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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

3 Section 700 Change #03-2022 July 01, 2022 County agencies are required to offer agency (local) conferences to any household wishing to contest a denial of expedited service. These conferences (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 an In-Person conference at the county DSS office, Remote Telephone conference, or Remote Video conference. B. Optional Agency Conferences The county department is highly encouraged to offer a conference to any household which disagrees with an agency action. This is a valuable method of resolving problems at the local level and eliminating State level hearings where nothing can be done to help the household (such as cases with high medical expenses or shelter costs). If a hearing has been requested but the conference resolves the issue, the hearing request can be withdrawn as stated in 700.10, Denial or Dismissal of Request. These "optional" conferences need not be as formal as outlined above. The point is to review the case with the client, fully explain the situation and the reason for the action taken, and, if appropriate, obtain a written withdrawal of the hearing request. This can best be done if the conference is held In-Person conference at the county DSS office, Remote Telephone conference, or Remote Video conference. 700.07

GROUP HEARINGS The State agency may respond to a series of individual requests for hearings by conducting a single group hearing. The State agency may consolidate only cases in which the sole issue is one of State/and or Federal law, regulation or policy, and individual issues of fact are not disputed. In all group hearings, the policies governing individual hearings must be followed. Each individual household will be permitted to present his own case or be represented by legal counsel or other spokesperson. 700.08

HEARING REQUEST A request for a hearing is defined as any clear expression, oral or written, that the household wishes to present its case to a higher authority to appeal a decision. A FNS unit member, the authorized representative, or some other person acting on the household’s behalf, such as a legal representative, relative, or friend, may make the request. The right to make such a request shall not be limited or interfered with in any way. A. If the FNS unit’s reason for requesting a hearing is unclear, the FNS unit should be contacted to clarify its grievance. At this time, the possibility of a local conference can be explored with the household. The clear request is the