Page 8

FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

8 Section 705 Change #03-2022 July 01, 2022 H. Advise the FNS unit member or representative that they do not have to produce documents, but have the right to do so; I. Advise the FNS unit member or representative of their right to ask questions of all local agency witnesses, and to call witnesses of their own; J. Advise the FS unit member or representative of their right to request a State Level; Hearing if they are dissatisfied with the result of the ADH, and of the deadline for doing so; K. Consider only evidence presented at the hearing and not discuss the merits of the case with any party outside of the hearing; L. Render hearing decision in the name of the local agency and the Hearing Decision must be attached to the Investigation Case on the Contact Tab along with all manual notices. 705.14 THE FOOD AND NUTRITION SERVICES (FNS) UNIT MEMBER The FNS unit member may not be familiar with the rules of order, and the hearing officer should make every effort to conduct the hearing in a manner that makes the client feel most comfortable. The FNS unit member or representative must be given an adequate opportunity prior to and during the hearing to: A. Examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing, as well as during the hearing. This includes contents of the case file, provided that confidential information is protected from release. The local agency will provide to the client or representative when requested, the right to review and free copies of the relevant portions of the case file. Never release the case summary, store certification information, or photos of the interior of a store USDA, FNS provided on a disqualified store. The client may view this information but may not be given a copy. B. Present the case for self or have it presented by a legal counsel or other person. C. Provide a telephone number to contact witnesses or bring witnesses and ask them questions. D. Advance arguments without undue interference. E. Question or refute any testimony or evidence including an opportunity to confront and cross-examine adverse witnesses. F. Submit evidence to establish all pertinent facts and circumstances in the case.