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Hearing Officer and Committee member will determine credibility, reliability, and relevance of the evidence and testimony from both the household and the Agency.

1 8 . 1 1 F A I R H E A R I N G D E C I S I O N (1) Fair Hearing committee

The Fair Hearing Committee has the final decision making power in fair hearings. The committee has the responsibility of reviewing the hearing record provided by the Office of Administrative Hearings before making the final decision. Decisions of the Fair Hearing Committee must comply with federal law and regulations and must be based on the hearing record. The decision is binding on the county office and must be retained in the case file for three years.

(2) Notification

The household, the Economic Services worker, and Economic Services supervisor must each be notified in writing of: (A) The Fair Hearing Committee's decision (B) The reasons for the decision Type of Evidence Definition Direct Original or primary evidence (e.g. eyewitness testimony, receipts, wage stubs, canceled checks, etc.); evidence that is the most reliable and direct in relationship to what is offered to prove. Indirect/Circumstantial Evidence that creates more than a mere suspicion and that a reasonable person would find sufficient to support a conclusion. Hearsay Secondhand information, usually a statement made out of court and not under oath and offers in evidence as proof that what is stated is true. Hearsay evidence is generally not admissible.

SOME EXCEPTIONS: • Prior statements made by a party to the hearing are admissible if they are against the party's interest. • Records kept in the course of a regular activity may be admissible.

Irrelevant Evidence which does not have a direct or indirect bearing on the issue; does not tend to prove or disprove any issue of fact that is of consequence to the case.