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Page | 290 CHAPTER EIGHTEEN: FAIR HEARINGS

18000 FAIR HEARINGS

DSS will provide a fair hearing to any household disputing an action of DSS which affects the participation or benefit level of a SNAP household. The agency will offer an agency conference with the head of household and/or a household representative and the Supervisor whenever a household is adversely affected by an agency action and wishes to discuss the issue. An agency conference must be offered to the household prior to a scheduled fair hearing.

Fair Hearing procedures and practices are detailed in the Guide for Administrative Hearings, available at the following location: https://dss.sd.gov/formsandpubs/docs/ADMIN/GuidetoAdminHearingsProc.pdf

18100 HEARINGS INFORMATION

18110 RIGHT TO REQUEST HEARING

At the time of application, each household will be informed in writing of: • Their right to a hearing • The method by which a hearing may be requested • That their case may be presented by a household member or a representative, such as a legal counsel, a relative, a friend, or other spokesperson.

If, at any time, a member of the household expresses to DSS that it disagrees with DSS action, he/she will be reminded of the right to request a fair hearing. If there is an individual or organization available that provides free legal representation, the household will also be informed of the availability of that service.

18120 AGENCY CONFERENCE

An agency conference is an informal discussion between the customer and/or one or more household representatives and a supervisor. DSS will advise households that use of an agency conference is optional and that it will not delay or replace the fair hearing process. DSS conferences may be attended by the Benefits Specialist responsible for DSS action and will be attended by the Supervisor, and the household and/or its representative. An agency conference may lead to an informal resolution of the dispute. If the household is satisfied with the results of the agency conference, and a fair hearing had previously been requested, the household must request a withdrawal of the fair hearing. The withdrawal should be in writing, if possible.

An agency conference for a household contesting a denial of expedited service will be scheduled within 2 working days, unless the household requests that it be scheduled later or states that it does not wish to have an agency conference.

The purpose of an agency conference is to give the customer an opportunity to discuss the situation with the Specialist's immediate supervisor without in any way compromising or affecting the right to appeal. In many cases, a supervisory conference will lead to resolution of the dispute and make an appeal unnecessary. If resolution is not obtained during the conference, the fair hearing process should be explained, and assistance offered in helping the household prepare for the appeal.