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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

10 Section 705 Change #03-2022 July 01, 2022

705.17 HEARING RECORD The verbatim transcript or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, all papers and requests filed in the proceeding, oral or written arguments received after the tentative decision, and the final decision constitutes the hearing record. A. This record is retained. B. Do not introduce at a hearing, or make part of the hearing record, any information considered confidential or that the client or representative would not be allowed access. Confidential information may not be discussed at the hearing, but protected under Federal Regulation §273.15 that state, “The contents of the case file including the application form and documents of verification used by the State agency to establish the household's ineligibility or eligibility and allotment shall be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release. If requested by the household or its representative, the State agency shall provide a free copy of the portions of the case file that are relevant to the hearing. Confidential information that is protected from release and other documents or records which the household will not otherwise have an opportunity to contest, or challenge shall not be introduced at the hearing or affect the hearing official's decision.” Note: A copy of all evidence used to determine an IPV must be given to the Hearings Officer such as charge letter, OLV, etc. The client must be given an opportunity to view the third-party information during the ADH and prior to the ADH if the client makes a request to see the evidence prior to the ADH. At no time can a copy of third-party information such as; OLV, charge letter, etc., be given to the client or their representative. 705.18 MEDICAL ISSUES A hearing officer may rule that a medical assessment is necessary when the hearing involves medical issues such as a diagnosis or physician’s report of reduced mental capacity. The assessment will be completed by a source satisfactory to both the FNS unit and the local agency and made a part of the hearing record. This is at the local agency’s expense. Federal and State reimbursement is available and is included in allowable administrative expenses claimed on the DSS-1571.