Page 94
Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual B. Conference Results
I. Dismissal/Withdrawal of Hearing Request If the conference results in a resolution acceptable to both the applicant/recipient and the agency, any case action needed or agreed upon must be taken within five (5) working days. The client may opt at this point to accept the case action taken by the agency wherein no case action is needed. The results of the pre-hearing conference is documented on the Conference/Hearings, Form 2254-EL. The client can also indicate their intent withdraw from the hearing using the 2254-EL. The EAP staff member conducting the pre-hearing conference must ensure the client receives their copy of the 2254-EL: 1) at the time of the pre-hearing conference if held in-person, or 2) mail it to them within ten (10) working days if the conference is held over the phone. The appropriate copy of the 2254-EL is forwarded to the Hearings Officer so they have a record of how the hearing request was resolved. II. Case Proceeds to Hearing If the conference results in no change in eligibility or benefit amount, the Program Manager/Program Officer or their designee is required to document this on the Conference/Hearings summary form. The applicant/recipient has the right to state their intention to pursue a hearing using the 2254-EH. The EAP staff member conducting the pre- hearing conference must ensure the client receives their copy of the 2254-EL: 1) at the time of the pre-hearing conference if held in-person, or 2) mail it to them within ten (10) working days if the conference is held over the phone. 1208 HEARING PROCEDURES If the household wishes to pursue the hearing, staff proceed to comply with the hearing procedures. See Division of Welfare and Supportive Services (DWSS) Administrative Manual, Chapter 3100, for more detail on proceeding with the hearing request. 1209 DENIAL OF A HEARING REQUEST A hearing need not be granted in the EAP when 1) the request was not received timely, or 2) the sole issue is either state or federal law requiring an automatic adjustment for classes of recipients, unless the reason for an individual request is incorrect benefit computation. 1210 SCHEDULING THE HEARING The hearing notification, scheduling and location are the responsibility of the hearing officer. The household is notified by mail of the time, date and place the hearing has been scheduled. Clients are also given a written explanation of the hearing procedures at this time. At the discretion of the hearing officer, a hearing may be postponed if requested by the client or local office.
MTL 01/24 June 25, 2024 - 3 - Section 1200 – Hearings