12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 0 12.2 How many of those fair hearings resulted in the initial decision being reversed? 0 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? None 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. A client may apply on-line, by e-mail, physical mail, in person, through an authorized representative, or at a home visit. We have instances where a client sends in an application that does not have enough information to determine who is the applicant, where the applicant lives, etc. In this instance, the client could appeal, but the subgrantee would offer to help the client fill out the application, and then process the application. In instances were applications are not acted on a in a timely manner, a client may appeal. Individuals whose claims for LIHEAP assistance are denied or are not acted upon with reasonable promptness, except if the denial or lack of reasonable promptness is due to lack of funds, may request a hearing with the local contracting agency. No hearing shall be required if LIHEAP funds are no longer available to the local contracting agency. The standard state policy is as follows: Each local contracting agency shall establish processes and procedures for hearings at the local level. At a minimum, processes and procedures shall include the following requirements: That requests for hearings be made in writing, on a form provided by the local contracting agency, with specific information about the error made by the local contracting agency in denying or not acting with reasonable promptness on an individual’s claim for LIHEAP assistance; • That a copy of the completed form be given to the individual requesting the hearing, with one copy to THDA and a copy retained by the local contracting agency in the individual's permanent file; • That requests for a hearing shall be filed within 30 calendar days from the denial date of LIHEAP assistance; • That requests for a hearing shall be filed within 30 calendar days from the projected date of determination, when a submitted application for LIHEAP assistance has not been acted upon by the local contracting agency; • That the local contracting agency will hold a hearing, in accordance with their policies and procedures, within a reasonable time, from the date of a proper request for a hearing and shall provide written notice of the results of the hearing to both the individual who requested the hearing and THDA. • Individuals who properly apply for LIHEAP assistance shall be informed by the local contracting agency at the time of a denial of their application of the following: the ability to request a hearing; • the requirements associated with requesting a hearing; and • the ability to be represented by an authorized representative, such as legal counsel, relative, or friend. • The local contracting agency shall also provide information and referral services regarding any legal services available in the community that may be available to the individual requesting the hearing. The local contracting agency shall notify, in writing, all individuals who claim LIHEAP assistance whether their claim for assistance is approved or denied. If the claim for assistance is approved, the written notification shall also indicate the benefit amount to be provided. If the claim for assistance is denied, the written notification shall state the correct procedures to follow to request a hearing in connection with the denial and shall include the items stated above. Individuals whose claim for LIHEAP assistance is denied, and that denial is upheld by the local contracting agency, may request a review by the Tennessee Housing Development Agency (THDA). Requests to THDA for a review may be made in writing, electronic mail, or telephone within thirty (30) days of the date of the written notification of the outcome of the hearing conducted by the local contracting agency. No request for a THDA review will be accepted until a hearing has been held by the local contracting agency and notification of the results have been made. All requests to THDA for a review shall include all materials submitted by the individual to claim LIHEAP assistance and all other documentation and communication between the individual claimant and the local contracting agency and shall be submitted to: Dani Brickman, Housing Program Manager - Energy, Tennessee Housing Development Agency, 502 Deaderick Street, 5th Floor, Nashville, TN 37243, (615) 815-2226, LIHEAP@thda.org. 12.5 When and how are applicants informed of these rights? Clients certify that they have been informed of the appeals procsed when they sign their application for benefits. We also require notice on approval and denial letters. In addition, offices post the fair hearing/appeal sign in their lobby and common areas where clients are present. Clients that raise concerns are offered the right to appeal by THDA staff. Agencies report that they also do this. Some agencies include a flyer in the client information packet, but this is not a requirement. Some agencies have group sessions with LIHEAP applicants and they discuss the fair hearing process. It is not practical for all agencies to have group sessions with clients. Subgrantees can never do less than the state policy. Local subgrantees can develop a process, not a new policy, to ensure that fair hearings and appeals are carried out at the local level. If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.