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? 0 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? The appeals process will be managed at the local level by each local Energy Assistance Provider. If the client wishes to pursue a further appeal, they must submit a state-level appeal to Development within 30 days of the final decision rendered at the local agency. 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. Clients have 30 days from the date they receive their eligibility or benefit notification to appeal decisions made regarding their Energy Assistance Application for HEAP, WCP, SCP, and PIPP. Clients must be informed of this right when they receive their application and again in their notification letter. Clients must be informed of this right at the time an application is submitted. Clients may appeal more than once within the same/current program year. Grounds for appeal include: Energy Assistance Application was denied. • o If an application was denied, and it has been at least 30 days since they received their notification of denial and their eligibility situation has changed (i.e., household composition or household income), they can submit an appeal to redetermine the application. If the application was neither approved nor denied within 12 weeks after the application was submitted, uploaded in the portal or received at the EAP, unless such delay was the result of the client’s lack of cooperation in providing necessary and reliable documentation with which to determine eligibility. Disagreements with the benefit/installment amount (HEAP, WCP, SCP, and PIPP). Household composition has changed since the application was submitted. Income has changed since the application was submitted. The utility provider has changed or is incorrect. Multi-program discount was applied to HEAP, but client is not enrolled in PIPP. Intake worker error in inputting client information. If an applicant is found noncompliant and is placed under Compliance Review. Client is eligible for HEAP due to heat/energy included in rent, bill in landlord’s name, etc. If documentation of an income deduction was not submitted with the original application and not deducted (documentation of disability, insurance premiums). If documentation of an excluded income type was not submitted with the original application and income was counted/included, example: Title V wages etc. Local Level Energy Assistance Programs - Written Appeal Clients have 30 days from the date they receive their benefit notification to appeal decisions made regarding their Energy Assistance Application. All appeals must be submitted in writing (letter or email) with supporting documentation attached to the local Energy Assistance Provider’s HEAP coordinator. The appeal review must be completed within 30 days from the date of the client’s appeal request. The local Energy Assistance Provider must email heapappeals@development.ohio.gov and copy their HEAP field representative for every appeal requested (HEAP and/or PIPP), and again once the final decision has been made and all documentation has been scanned into the system (i.e., the appeal request, supportive documentation, local Energy Assistance Provider’s Resolution/Notification/Actions, etc.). The client must be notified of the decision made by the local Energy Assistance Provider within 10 days of the decision. Local Level Energy Assistance Programs - Hearing Clients who were denied during the written appeal process may request a formal hearing within 30 days of the denial of the written appeal. The client must submit a request for a formal hearing in writing (letter or email). The request is to be made to the executive director of the local Energy Assistance Provider. The local Energy Assistance Provider shall schedule a hearing within 30 days of the receipt of the letter/email requesting a hearing. The hearing shall be held at a mutually convenient place and a hearing officer shall be appointed by the local Energy Assistance Provider. The hearing officer may be a staff member of the local Energy Assistance Provider who was not involved in the decision that is being appealed. The client must be notified of the local Energy Assistance Provider’s decision regarding the appeal within 10 days of the date of the formal hearing. The local Energy Assistance Provider must also notify their HEAP field representative of the final decision and scan all documentation into the system database (i.e., the appeal request, supportive documentation, local Energy Assistance Provider’s Resolution/Notification/Actions, etc.). State Level Energy Assistance Programs Appeal If the client wishes to pursue a further appeal, they must submit a state-level appeal to Development within 30 days of the final hearing decision rendered at the local Energy Assistance Provider. The appeal request may be mailed to: Ohio Department of Development Office of Community Assistance, Appeals P.O. Box 2169 Columbus, Ohio 43216 or emailed to heapappeals@development.ohio.gov Development will review client appeals which have been denied at both the local Energy Assistance Provider written and hearing appeal process and that contain new information, or information not considered during the local Energy Assistance Provider written appeal or hearing process. The appeal request must contain the following information: Client's name, address, telephone number. Client number (if available). Reason for the appeal. Supporting documentation. Client's signature. A decision on the appeal will be made within 30 days of receipt of the appeal request. The client will be notified within 10 days of Development’s decision. Federal Level Energy Assistance Programs Appeal If the client wishes to pursue an appeal of a state level appeal determination, they must submit a federal level appeal to the U.S. Department of Health and Human Services/Administration for Children and Families. The appeal request may be mailed to: Department of Health and Human Services/Administration for Children and Families Office of Community Services/Division of Energy Assistance Low Income Home Energy Assistance Program (LIHEAP) Mary E. Switzer Building, 5th Floor 330 C Street, SW Washington, D.C. 20201 Or fax to (202) 401-5661 All appeal decisions made by the U.S. Department of Health and Human Services/Administration for Children and Families are final. 12.5 When and how are applicants informed of these rights? Clients are notified of their fair hearing rights in the following manners: Verbal Notification: HEAP staff will advise clients of their application status and appeal rights. • Written Notification: Whether an application is approved or denied, all clients are notified of appeal rights in the letter containing the original determination of eligibility. • Agency Notification: For crisis assistance, all clients are interviewed face-to-face unless face-to-face requirement waived by Development. Clients are informed of their appeal rights during the interview. For in-person interviews, agencies display the appeals process in its entirety in the waiting areas. Also, the appeal procedure described above is incorporated into the Energy Assistance Programs Guidelines issued by Development to all local grant recipients. • Appeal process is posted on Development’s online application page. 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.