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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM ADMINISTRATIVE ISSUES 11/18 CHAPTER L PAGE 5

client’s written permission is not required in order to release non-identifying statistical information.

The Commissioner of the Department for Aging and Rehabilitative Services and his agents do not have to obtain consent from the client to obtain or review client records. 2.4. Accuracy of Records

The Government Data Collection and Dissemination Practices Act (§2.2-3800-3809) mandates that all LDSS agencies ensure that all personal information is accurate and current, and appropriate and relevant for the purposes for which it has been collected. Each locality should establish an uncomplicated procedure to allow an individual to correct, erase or amend inaccurate, obsolete or irrelevant information. 3. Fair Hearings 3.1. Local Agency Conference When an individual receives notice of an adverse action, the individual must be offered the opportunity to request an agency conference. At the conference the individual may be represented by an authorized representative, legal counsel, relative or friend. Upon receipt of a request for a conference, the local agency must schedule the conference within ten working days from the date of the request. The individual’s failure to request a local agency conference has no effect upon the individual’s right to appeal and have a fair hearing.

The local agency conference allows the individual to request and receive an explanation about the adverse action affecting assistance. The conference may be attended by the eligibility worker, but must be attended by an eligibility supervisor or the director, the individual or the individual’s representative. The individual should be given the opportunity to verbalize reasons for disagreeing with the agency action. The agency shall respond to each reason given by the individual. The conference should reveal that the proposed action is appropriate or that the proposed action is inappropriate because:

• the client is now able to immediately provide the information that had not been previously provided; or

• there has been a change in circumstances that affects some area of eligibility.

The local agency conference may or may not result in a change in the agency decision regarding the action. Regardless of the result of the conference, if an appeal