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Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual 1200 HEARINGS

1201 DEFINITION A hearing is an orderly, readily available proceeding before a Hearing Officer which provides an impartial process to determine 1) the correctness of an agency action being appealed, and 2) the eligibility of the applicant/recipient as it relates to the issue of the hearing. Note: Hearing officers may neither hold hearings nor render decisions on the issue of discrimination. 1202 RIGHT TO APPEAL A hearing may be requested by an applicant/recipient or authorized representative on 1) an action to deny benefits or 2) because they disagree with the benefit amount. 1203 NOTIFICATION OF THE RIGHT TO A HEARING Clients must be informed in writing of their right to a conference or hearing at the time of application, via the Rights and Obligations, and at any time an action is taken to deny their EAP benefits. The Rights and Obligations is now part of the EAP Application, Form 2824-EL. 1204 TIME PERIOD TO APPEAL The EAP allows for the right to request a 1) conference, and 2) a hearing. The conference is the pre-hearing conference at which the issue in dispute can be discussed with the applicant/recipient. The issue may be resolved at the pre-hearing conference. If unresolved at this point, the case proceeds to the hearing. Both the conference and hearing request must be received in writing within ninety (90) days of the case action. As previously stated, a written request for a hearing must be received within ninety (90) days from the date on the Notice of Decision. Hearing requests must be received within the specified time limit unless the client can substantiate “good cause” for not doing so. Good cause may include illness. When the deadline falls on a weekend or holiday, the deadline is extended to the next working day. 1205 WHERE TO APPEAL EAP applicants/recipients may request a conference/hearing if they believe they have been unfairly treated or a mistake has been made concerning their eligibility or benefit amount. On the EAP application, applicant/recipients are required to call or write their local Energy Assistance Office.

A verbal request for a conference or hearing must be documented in the case record on the Client Update Form, 2888-EL, or in the case narrative. The client must be instructed to put their request for a conference/hearing in writing. If a written request is received by the program office, a copy of the request must be forwarded to the Hearing Office within ten (10) working days after receipt. The request must MTL 01/24 June 25, 2024 - 1 - Section 1200 – Hearings