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TANF POLICY MANUAL

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Chapter 19 Fair Hearings

19.1 Definition/Fair Hearings The fair hearing (appeal) is the administrative mechanism to protect the applicant's/recipient's (A/R's) rights to due process of law when an adverse action is proposed or when DSS fails to take action on a change or application.

19.2 CM/ES Worker Responsibilities The Case Manager/Economic Services (ES) Worker has the following responsibilities regarding the fair hearing process:

1. Inform the A/R of fair hearing rights at application, recertification or redetermination. 2. Send the timely notice or adequate notice to the A/R. 3. Conduct a pre-hearing conference with the A/R, to discuss the proposed action once a fair hearing has been requested either verbally or in writing. Any action deemed necessary as a result of this conference must be taken immediately. A fair hearing must still be held unless the A/R withdraws the hearing request in writing as a result of the conference. 4. Inform the A/R of free legal services including the name, address and phone number of the office. 5. Explain continued benefits. 6. Forward appeal request and case summary, including documentation and evidence to support the action taken, to the Appeals Unit within two working days. 7. Make the case file available for inspection by the A/R or his/her representative provided that confidential information is protected from release. If essential to the hearing, this information may be subpoenaed. Provide a free copy to the A/R of the portions of the case file that are relevant to the hearing. 8. Request the Appeals Unit to subpoena documents or witnesses, if necessary, at least 14 days in advance of the hearing. Chapter 19