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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM ADMINISTRATIVE ISSUES 11/18 CHAPTER L PAGE 8

The appeal request, upon receipt by the Hearings Manager, must be assigned to a hearing officer who will validate the appeal and acknowledge the request by letter to the individual with a copy to the local agency and any other appropriate parties.

The local agency must prepare a Summary of Facts of the case to be forwarded to the hearing officer and the individual or the individual’s representative no fewer than five days prior to the hearing.

The Summary of Facts should include the following:

• Identifying information including, name of local agency, name, address and case number of individual; • Date of request and reason for appeal • Statement of agency action  Give a brief, factual statement of the reason for agency action, or failure to act, and the nature and date of agency action. If the individual requested a local agency conference, include date and result of the conference.  Discuss how information from the Auxiliary Grant program manual influenced the agency action. • Copies of all relevant documents - notices, checklists, letters, verifications, evaluation forms, worksheets, the letter offering the customer an informal conference and any other material - must be attached and submitted with the summary of facts. • Statement as to whether assistance is continuing in the original amount during the appeal process.

The Summary of Facts must be signed and dated by the agency director or designee. The local agency will retain a copy of the Summary of Facts, which is the official document for presentation of its case at the hearing.

If documents pertinent to the hearing are received by the local agency or there are changes in the situation following transmittal of the Summary of Facts, copies of the documents and a written statement of the changes must be mailed in advance of the hearing to the hearing officer. Copies of such additional information must also be made available to the individual or the individual’s representative.

3.6. The Hearing

The hearing must be conducted at a time, date, and place convenient to the individual. Preliminary written notice must be give at least 10 days prior to the