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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

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

705.19 LOCAL HEARING DECISION The hearing officer will consider all the issues discussed at the hearing, and render a decision based on the evidence admitted at the hearing. The decision may not be contrary to federal law, regulation, or policy. A. A determination that the FNS unit member committed an IPV must be based on clear and convincing evidence which demonstrates that the FNS unit member knowingly, willfully, and with deceitful intent committed an IPV as defined in Section 820, Intentional Program Violation Claims. If the local agency fails to meet the burden of proof, the hearing officer must find that an IPV did not occur. B. The decision specifies the reasons for the decision, identifies the supporting evidence, refers to the appropriate Food and Nutrition Services manual section, and responds to reasonable arguments made by the FNS unit member or representative. C. The decision of the Local Agency Hearing Officer is rendered in final form; there is no tentative decision. The Local Agency Hearing Officer must render their decision within 5 business days. 705.20 LOCAL AGENCY LEVEL DECISION Elements of a local agency level decision and local agency actions that follow are outlined below. A. The Hearing Officer provides a written notice to inform the individual of a not guilty decision. A form is not provided for this instance; a short, simple letter will do. At this time an IHE claim will be established in NC FAST. B. The Hearing Officer provides a written notice to inform the individual of a guilty decision. Use the DSS-8558, Action Taken on Your Disqualification Hearing signed by the Hearing Officer as the Local Agency Representative. The DSS-8558 must be dated the same date as the Hearing Officer’s decision letter. Mail the hearing decision and DSS-8558 together by First Class Certified mail. The Hearing Officer’s decision letter must provide the individual with the reasons for the decision, identify the supporting evidence, identify the appropriate Food and Nutrition Services manual section(s), and respond to reasonable arguments made by the individual or representative. No form is provided for this information. A letter written on the local agency's stationery will suffice as the hearing officer’s letter of decision. Attach a copy