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Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual A hearing is considered abandoned when neither the household nor their authorized representative appear for a scheduled hearing, unless the hearing officer finds good cause for failing to appear.
For more details, see DWSS Administrative Manual, Chapter 3100. 1211 AGENCY AND CLIENT RESPONSIBILITIES It is the responsibility of the agency to provide testimony and evidence to substantiate the agency action. Most pre-hearings are done via the mail or by phone by the EAP. If done in person, agency staff and/or members representing the agency must attend the pre-hearing conference and hearing. An agency supervisor/staff member responsible for or involved in the action, or a legal representative of the agency, may also attend. The client’s responsibility is to provide testimony and evidence in support of their position. Clients must be informed in writing by the agency of their right to be represented by others or to represent themselves at the pre-hearing conference and hearing. 1212 PREPARATION AND PRESENTATION For more information than is contained below, see DWSS Administrative Manual, Chapter 3100. A. Agency Confidential information, such as documents or records containing the names of individuals who have disclosed information about the household without its knowledge or the nature and status of pending criminal prosecutions is protected from release. Protected information, which the client will not have the opportunity to challenge, shall not be introduced at the hearing. The agency representative shall have the right to question the claimant and/or his representative or any witnesses who present testimony. B. Client Clients/representatives may request to examine their documents/records in the case file. The case file must contain written client authorization for a representative to have access to their file. Clients may request copies of case information to determine if a hearing will be requested or to prepare for a hearing. The agency will provide the copies free of charge. The client shall not have access to confidential information. 1213 HEARING DECISION The Hearing Officer will render a written decision within ninety (90) days after the hearing has been held, unless the dispute is otherwise resolved. The decision will be based on evidence and testimony presented at the hearing, as well as applicable law/policy. Upheld decisions are adverse to the client. When a decision is upheld, the client must be notified of his/her right to MTL 01/24 June 25, 2024 - 4 - Section 1200 – Hearings