12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 1 12.2 How many of those fair hearings resulted in the initial decision being reversed? 0 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? There was one fair hearing held and the hearing officer ruled that the applicant failed to meet the burden of proof. No changes were made to policy or procedure. 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. All FAP applicants/clients who have been denied, who question the Fuel Assistance Program (FAP) benefits provided, and/or question the ti processing of their application are entitled to appeal the decision, which may include a Fair Administrative Hearing. All FAP applicants will be prov information regarding the appeal process and the FAP Fair Administrative Hearing Procedures. The CAA must provide written notification of either benefits or the benefit determination to all FAP applicants/clients. The written notification to FAP applicants who are denied benefits must include the following: A brief statement of the reason(s) for denial of benefits • A brief explanation of the appeal process • The applicant’s right to a Fair Administrative Hearing • A brief explanation of the FAP Fair Administrative Hearing process • An applicant/client is entitled to appeal the FAP benefit determination for any of the following reasons: The application has been denied • The application was neither denied nor approved within sixty (60) days of the application date • The benefit amount is less than what the applicant/client believes it should be • The benefit amount or the duration of the benefit is less than what the written CAA notification originally identified • A FAP applicant may appeal the determination of benefits by contacting the CAA FAP Director and requesting a review of his or her applic thirty (30) days of receiving the determination letter. The CAA FAP Director must meet with the applicant/client either over the phone or in-person days of the applicant's request for an appeal. During the meeting between the applicant and the CAA FAP Director, the applicant will have an opportunity to express his or her concerns a FAP Director will have an opportunity to review and attempt to resolve the dispute. The CAA is responsible for documenting the results of the meet documentation must contain information relative to the eligibility requirements or benefit determination. If the client is not satisfied with the results of the meeting with the CAA FAP Director, he or she must be referred to the NH DOE FAP Adm an additional review of the application. The NH DOE FAP Administrator must meet with the applicant either over the phone or in-person within ten applicant's request for an additional review of the application. If the applicant is not satisfied with the determination of FAP benefits after discussing the issue with the CAA FAP Director and the NH DO Administrator, the applicant may request a Fair Administrative Hearing. An applicant must request a Fair Administrative Hearing with NH DOE within thirty (30) business days of the exchange with the NH DOE F Administrator. The NH DOE Fair Administrative Hearings will meet the following standards: All hearings shall be held in a location reasonably convenient to the applicant. • The hearing officer shall be a NH DOE employee who was not involved in rendering the challenged action or decision. • The NH DOE hearing officer shall review the applicant CAA file prior to the hearing. • The CAA file shall include at least the following: • a) Application in question b) supporting household and income documentation c) copy of written notification to the applicant of denial or any other contested decision d) notes and/or documentation containing information relied upon by the CAA in making the decision to deny benefits or to take the cont The hearing will be recorded by NH DOE, and the decision will be based upon the record and any evidence and information introduced from the FAP file. • The applicant is entitled to: Review CAA documents prior to the hearing. NH DOE will ensure that the applicant is provided with this option in a timely manner. • A copy of the current FAP Policy and Procedures Manual. The NH DOE will provide the copy of the manual if it is requested by the applicant. • Bring a representative to accompany him/her to the hearing; however, NH DOE is not required to provide or to pay for such a representative. • Present oral testimony, a written statement, and/or other relevant evidence. • Present witnesses. • Cross-examine witnesses. • Request an interpreter to be provided and funded by NH DOE. • The NH DOE will adhere to the following requirements: The applicant has thirty (30) days from the applicant’s meeting with the NH DOE FAP Administrator to request a hearing in writing. • The NH DOE will conduct a hearing within twenty (20) business days of receipt of the written request. • The NH DOE will make a written decision within ten (10) business days of the hearing. The written decision will contain a statement of reasons i the decision and will refer to the evidence relied upon regarding the decision. • Strict rules of evidence will not apply to the conduct of the hearing. • All written correspondence from NH DOE to the applicant shall be sent via the U.S. Postal Service with a return receipt requested. • If the applicant has requested a Fair Administrative Hearing, the CAA will hold funds equal to the benefit in question in reserve, pending the the Fair Administrative Hearing. 12.5 When and how are applicants informed of these rights? The full Appeal and Fair Administrative Hearing procedures are: Mailed to all denied applicants with the denial letter • Posted in all intake offices in both the general waiting area and individual intake workstations • Included in the New Hampshire Fuel Assistance Policy and Procedures Manual that is posted on the grantee's website. • If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.