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this form by the applicant/recipient is not required if a clear expression for a hearing has been made by some other method. Information and referral services must be provided to make applicants/recipients aware of any legal services available in the community that can provide legal representation at the hearing. The freedom to appeal must not be prejudiced or limited in any way; LDSS emphasis must be on helping the applicant/recipient submit their request and on assisting in preparing their case, if necessary. A written request to the VDSS agency by an applicant/recipient, clearly indicating the wish to present his or her case to a higher authority will be considered a fair hearing request.

Continuation of Services If a hearing request is received prior to the effective date of any proposed reduction or termination of services, and services had been previously authorized, payment for child care services may be continued in the original amount without interruption until a hearing decision is rendered. The applicant/recipient should make such a request to the LDSS along with their request for an appeal.

EXCEPTION: If services are continued during the appeals process, they may be terminated if (1) the eligibility period ends, (2) a change in circumstance affecting household eligibility occurs, or (3) a programmatic change occurs which impacts eligibility.

Once the Appeals and Fair Hearings Office receives an appeal request, Notification of Appeal form is sent to the LDSS to notify them of the appeal and the hearing officer assignment. If the appeal was received in writing, it will be attached to the form. If the appeal was received verbally or via CommonHelp, the form will contain the information that the client relayed. Upon receipt of the Notification of Appeal, the LDSS has seven days to inform the assigned hearing officer if the appeal is invalid. Generally, appeals filed within 30 days of the mailing date of the Notice of Action are considered valid and appeals filed outside of this timeframe are considered invalid. If the appeal is valid, no communication with the hearing officer is required. After the seven days has elapsed, the hearing officer will notify the LDSS via email of a hearing date and time. If an appeal is invalid, the LDSS must contact the hearing officer, state why the appeal request is invalid and provide the relevant Notice of Action. An email to the hearing officer is sufficient.

Upon notification by the hearing officer, the LDSS shall inform the recipient in writing that their child care subsidy services are being continued in the same amount pending the hearing decision unless there are subsequent changes in the recipient’s situation. The recipient should be given the option to continue services or deny the continuation of services during the appeal process. If the decision of the hearing officer upholds the LDSS action, the recipient will be required to repay the sum of all services provided from the time of the appeal until case modification or closure. Time Limits for Requesting Hearing An appeal of any LDSS action must be made within the 30 days following the date of the LDSS Notice of Action informing the applicant/recipient of the action taken on their application or case.