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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

7 Section 700 Change #03-2022 July 01, 2022 benefits or misinterpreted or misapplied such law, regulation, or policy is invalid; C. A change affecting the FNS unit's eligibility or basis of issuance occurs while the hearing decision is pending, and the FNS unit fails to request a hearing after the subsequent Notice of Adverse Action; or D. A mass change affecting the FNS unit's eligibility or basis of issuance occurs while the hearing decision is pending. 700.13

NOTIFICATION The county must promptly inform the claimant in writing if benefits are reduced or terminated pending a hearing decision. 700.14

NOTIFICATION OF TIME AND PLACE OF HEARING A State Hearing Officer from the Department of Health and Human Services will schedule a hearing by the applicant’s choice of in-person, telephone, or video made at the time of the State Appeal Request. The applicant must provide the best contact number(s) or e-mail address for all persons involved. The county DSS household and/or representative will be notified in writing at least 10 days prior to the hearing of the date and time that the hearing will be conducted In-Person Hearing at the county DSS office, Remote Telephone Hearing, or Remote Video Conference. However, the FNS unit may request less advance notice to expedite the scheduling of the hearing: A. The State Hearing Notice advises the FNS unit or its representative of the name, address, Telephone number, fax number, and e-mail address of the person to notify in the event that it is not possible for the FNS unit to attend the scheduled hearing. B. The State Hearing Notice specifies that the hearing request will be dismissed if the FNS unit or its representative fails to appear for the hearing without good cause. C. The State Hearing Notice includes the State agency hearing procedures, and any other information that would provide the household with an understanding of the proceedings and would contribute to the effective presentation of the household's case. D. The State Hearing Notice explains that the household or representative may examine the case file prior to the hearing. 700.15

ARRANGEMENTS FOR THE HEARING The responsibilities of the county department in preparation for the hearing include the following.