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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

8 Section 700 Change #03-2022 July 01, 2022 A. Arranging a suitable place for the hearing. Though the appellant/representative may make a request to participate In-Person Hearing at the county DSS office, Remote Telephone Hearing, or Remote Video Conference, to the State Hearing Officer who may grant that request, State hearings are generally held in the offices of the county department with the State Hearing Officer participating remotely by telephone with the appellant and appellee face-to-face, or it may be held in some other mutually acceptable place. The location should not entail any undue travel expense to the appellant. The room should be physically comfortable, afford as much privacy as possible, and be furnished with such equipment as necessary to ensure the efficiency of the proceedings, including a telephone since the State Hearing Officer will be participating remotely by telephone. Any problems and handicaps, such as illness or deafness, will be taken into consideration in making the arrangements. When the appellant's physical and/or mental state would seem to significantly hinder his participation in the hearing or the hearing itself might aggravate his condition, encourage the participation of a representative. B. Prepare the following information and attach it to the DSS-1473 which is being sent to the Hearings and Appeals Section within five calendar days of the county’s receipt of the hearing request. The county worker must complete the mode section prior to submitting the form to the Hearings & Appeals Section. 1. Copy of County’s notification letter to grant, deny, terminate, or modify assistance which prompted the appeal. 2. Copy of relevant documents related to appeal which includes all other supportive material and information helpful in establishing facts, including relevant copies of the application/recertification/affidavits/screen shots from NC FAST showing relevant amounts/information keyed in the system, and notices sent to the household. Information presented for the hearing must clearly document the reasons for the county’s action(s). 3. Copy of appeal summary and any other pertinent information helpful in establishing facts. The information presented at the hearing must clearly document the reasons for county action. C. On the day of the hearing, the responsible worker for the hearing should: 1. Check the lobby prior to the scheduled hearing time and escort the client to the hearing room five minutes before the scheduled hearing time. If the client fails to appear at the DSS, the county worker must report to the hearing room to testify that the client has not appeared. 2. Bring to the hearing, the original and two copies of the appeal summary which should be a brief report of facts about the action.