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Page | 291 18130 HOUSEHOLD RIGHTS

Upon request, DSS will make available, without charge to the household, the following materials:  Any specific materials necessary for a household or its representative to determine whether a hearing should be requested or to prepare for a hearing.  Adequate opportunity to examine all documents and records to be used at the hearings at a reasonable time before the date of the hearing as well as during the hearing.  The contents of the case file, including the application form and documents of verification used by the State agency to establish the household's ineligibility or eligibility and benefit amount.

Privileged Information  Privileged information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release.  Privileged information protected from release and other documents or records which the household will not otherwise have an opportunity to contest, or challenge will not be introduced at the hearing or affect the hearing official's decision.

During the hearing, the household or its representative may:  Bring witnesses;  Present their case;  Question or refute any testimony or evidence;  Cross examine adverse witnesses; and Submit evidence to establish all pertinent facts and circumstances in the case

18140 FAIR HEARING TIME FRAMES

Benefits Specialists must ensure copies of all hearing exhibits are sent to all parties involved no later than five day prior to the hearing.

Within 60 days of receipt of a request for a fair hearing, the Office of Administrative Hearings (OAH) will assure that the hearing is:  Conducted  A decision is reached  The household and local agency is notified of the decision.

Decisions which result in an increase in household benefits will be reflected in the benefit amount within 10 days of the receipt of the hearing decision even if DSS must provide the household with an opportunity to obtain the benefits outside of the normal issuance cycle.  DSS may take longer than 10 days if it elects to make the decision effective in the household's normal issuance cycle provided the issuance will occur within 60 days from the household's request for the hearing.

Decisions which result in a decrease in household benefits will be reflected in the next scheduled issuance following receipt of the hearing decision.

18150 REQUEST FOR HEARING

A request for a hearing is defined as a clear expression, oral or written, by the household or its representative, that it wishes to appeal a decision or would like the opportunity to present its case to a higher authority. The freedom to make a request for a hearing will not be limited or interfered with in any way.