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(e.g., notice, CHIP budget screens, etc.).

19.10 Applicable Evidence in a Fair Hearing The burden of proof in a fair hearing generally falls on the CM/ES Worker.

The following chart describes the types of evidence, which may be presented in a fair hearing:

Type Evidence Definition Best Original or primary evidence (i.e., eye witness, receipts, wage stubs, canceled checks, etc.) Substantial Evidence that creates more than a mere suspicion and imply a conclusion that is attainable by any reasonable person. Hearsay Second hand information, Hearsay evidence is generally not admissible.

EXCEPTIONS: 1. Prior statements made by a party to the hearing are admissible if they are against the party’s interest. 2. Records kept in the course of a regular activity may be admissible. Irrelevant Evidence, which does not have a direct bearing on the issue. 19.11 Scheduling the Fair Hearing Within 10 days after receiving a request for a fair hearing, the Appeals Unit will schedule an appointment by letter to the A/R, and send a copy of the letter to the CM/ES Worker: 1. The date, time and place for a face-to-face hearing 2. The date and time for a telephone hearing. Rescheduling If the A/R is unable to participate at the scheduled time, alternate arrangements may be made.

19.12 Rights and Responsibilities Notice No less than 10 days prior to the hearing date, the Appeals Unit will inform the A/R of his/her rights and responsibilities relating to the hearing. The BG may request less advance notice if an earlier hearing date is desired. 19.13 Hearing Officer Responsibilities/Telephone Hearing The hearing officer's responsibilities relating to a telephone hearing are: 1. Conference the CM/ES Worker call with the A/R.

2. Decide during the telephone hearing, if necessary, to continue the hearing and require a face-to-face hearing