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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

9 Section 705 Change #03-2022 July 01, 2022 G. Refuse to answer questions during the hearing.

705.15 THE LOCAL AGENCY The local agency representative has the same rights as the FNS unit member, such as the right to examine documents, bring witnesses, advance arguments, question evidence, and submit evidence. The local agency will cooperate with and respond to questions posed by the client or his representative during an ADH, as long as, such questions are relevant to the client and case of the ADH. Notice will be provided in the client primary language, and a translator provided, if requested. 705.16 CONDUCTING THE LOCAL AGENCY HEARING The Hearing Officer presides at and conducts the hearing informally. Every effort is made to put the participants at ease and to remove tensions. The recording procedures, if used, should be explained so that each person understands the importance of speaking slowly and distinctly. The hearing format is as follows. A. The Hearing Officer explains the following. 1. The hearing decision is based solely on the evidence and testimony introduced at the hearing. 2. Tentative and final decision provisions including notification to the parties involved. 3. Following an ADH hearing, the FNS unit member's right to request a State Level Hearing and the deadline for doing so. 4. The FNS unit member's right not to answer questions during the hearing and all other rights in Section 705.15. B. A local agency representative reviews the hearing summary and introduces the summary into the record. C. The Hearing Officer makes a statement of the points at issue. D. The Hearing Officer gives the participants an opportunity to correct or modify the statement of the situation. The Hearing Officer is responsible for assisting both the FNS unit member and the local agency to ensure that all relevant facts are considered. Each person present is given an opportunity to speak. The hearing officer receives and considers any relevant verbal testimony or written documents related to the issue involved. The FNS unit and the local agency have the opportunity to offer rebuttal. E. Technical rules of evidence do not apply at the hearing and any witness may testify at the request of the FNS unit member.