Page 6

FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

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

705.09 PARTICIPATION WHILE AWAITING A HEARING Do not disqualify a FNS unit member before guilt is finally determined by a hearing officer, court, or waiver. Do not enter the Decision Date in the Legal Details until the appeal period has expired. An individual may be certified and participate in Food and Nutrition Services while awaiting an ADH. Determine eligibility and benefit level without regard to the pending hearing. Reduce or terminate benefits during the appeal process only if it is verified under normal certification procedures that the FNS unit is currently ineligible, or eligible for fewer benefits. 705.10 ARRANGEMENTS FOR THE LOCAL AGENCY HEARING The responsibilities of the local agency in preparation for the hearing include the following: A. Arrange a suitable place for the hearing. The hearing may be held In-Person Hearing at the county DSS office, Remote Telephone Hearing, Remote Video Hearing or another mutually acceptable location. Do not require undue travel expense on the appellant. The room should be physically comfortable and afford as much privacy as possible and be furnished with such equipment as necessary to ensure the efficiency of the proceedings. Consider and reasonably accommodate any physical and/or mental limitations when making arrangements for the hearing. Encourage the FNS unit member to have a representative when his physical or mental state would hinder his participation in a hearing, or a hearing could aggravate his condition. Postpone the hearing up to 30 calendar days if necessary, to allow the FNS unit member more time to seek representation. B. Prepare the following information and make available to the Hearing Officer and the individual accused of the IPV prior to or at the time of the hearing: 1. Copies of a hearing summary which should be a brief summary of allegations about the situation. A verbatim transcript is not required. Omit unrelated material. The general format may be the same as used for State level hearings. 2. Copies of all other supportive material, including but not limited to applications, recertifications, wage verifications, notices, manual sections, etc. 3. Any other pertinent information helpful in establishing the facts.