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1. Arrange for any witnesses to be present at the hearing, 2. Notify and arrange for staff to testify when the hearing involves other issues; 3. Read prepared summary of circumstances leading up to the hearing. 4. Testify and present evidence to substantiate the action taken adversely against the A/R; 5. Question the A/R and/or witnesses; and 6. Refute any evidence or testimony presented by A/R.
19.18 The A/R's Responsibilities/Face-to-face Hearing 1. Present his/her case or appoint a representative to present the case. 2. Testify and present evidence to substantiate the case. 3. Question CM/ES Worker. 4. Examine all evidence relied upon by the county in reaching its adverse action decision; and
5. Refute any evidence or testimony presented by the CM, which appears to be incorrect.
19.19 Responsibility of 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 hearing officer before making the final decision.
1. Fair Hearing Retention 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 of Results The A/R and the CM/ES Worker must each be notified in writing of:
1. Fair Hearing Committee's decision 2. Reasons for the decision 3. Available appeal rights 4. Appropriate status of the A/R's benefits
3. Notification Time Frames The A/R must be informed of the decision by the Fair Hearing Committee within 90 days of the initial request by the A/R for a hearing. The CM/ES Worker must effect any change in benefits