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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

7 Section 705 Change #03-2022 July 01, 2022 4. Do not include or release to the FNS unit any confidential information, such as the names of individuals who have disclosed information about the FNS unit without its knowledge, or the status of other pending criminal prosecutions. Do not include any irrelevant information. 705.11 ATTENDANCE AT THE LOCAL HEARING The hearing is not open to the public and should be attended only by persons directly involved with the case unless requested specifically by the individual charged with an IPV. The individual may bring any friends or witnesses, as well as legal counsel at his expense. The hearing is normally attended by a representative of the local agency and the FNS unit member suspected of the Intentional Program Violation (IPV) and/or his representative. Conduct the hearing even if the FNS unit member fails to contact the agency by telephone or appear. 705.12 RIGHTS AND DUTIES OF PARTICIPANTS The rights and duties of the Hearing Officer, the FNS unit member, and the local agency are described in detail below. 705.13 THE LOCAL AGENCY HEARING OFFICER The Hearing Officer will: A. Administer an oath to all participants of the hearing. Inquire into the individual’s understanding of and ability to participate in the proceedings; B. Explain the local agency’s burden to prove intent by clear and convincing evidence as defined in Section 705.02; C. Ensure that all issues and evidence presented by the local agency and/or FNS unit member are relevant to the issue(s) of the ADH and are considered; D. Request, receive, and make part of the record all evidence determined necessary to decide the issue; E. Regulate the conduct and course of the hearing in an orderly manner consistent with the FNS unit member's rights shown in 705.15; F. Order, as appropriate, an independent medical assessment or professional evaluation from a source mutually satisfactory to the FNS unit and the local agency, particularly if there is an indication of reduced mental capacity affecting the issue of intent and existing medical evidence on this issue is insufficient; G. Advise the FNS unit member or representative that they may refuse to answer questions during the hearing;