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VIRGINIA DEPARTMENT FAIR HEARINGS AND OF SOCIAL SERVICES ADMINISTRATIVE DISQUALIFICATION HEARINGS

10/24 VOLUME V, PART XIX, PAGE 5

G. PREPARATION FOR THE HEARING

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 claimant with a copy to the BPS and other appropriate parties. Appeals staff will arrange with the local appeal coordinator to gather sufficient information to determine the validity of appeal requests. The local department of social services must provide validating information within five business days of the request for information.

The BPS must prepare a Summary of Facts of the case and forward it to the hearing officer within five days prior to the hearing. A general outline of this summary follows, although the content may vary to fit case situations. All statements made should be factual and phrased in a way not objectionable to the claimant.

For appeals that involve work registration or SNAP E&T noncompliance, eligibility staff and E & T staff must prepare the Summary of Facts jointly except when a household member refuses to register.

The Summary of Facts should include the following:

1. Identifying Information:

Name of local agency Name, address and case number of claimant Persons included in the SNAP household Name, age, relationship to claimant Other persons in household Name, relationship

2. Date of Request and Reason for Appeal (quote the claimant in requesting the hearing)

3. Statement of Agency Action

a. Give a brief, factual statement of the reason for agency action, or failure to act, and the nature and date of agency action. Note if there was an agency error, negligence or administrative breakdown.

b. Under the heading "Agency Policy", cite and quote passages from the Virginia SNAP certification manual on which agency action was based.

c. If the level of participation is in question, give a detailed breakdown of the claimant's financial circumstances as it appears on the SNAP application with whatever explanation may be necessary.

d. Note the date and result of an agency conference on the denial of expedited service, if appropriate.

4. State whether participation is continuing during the appeal process on the basis authorized immediately prior to the adverse action notice. TRANSMITTAL #35

Page 306

Official source

VIRGINIA DEPARTMENT FAIR HEARINGS AND OF SOCIAL SERVICES ADMINISTRATIVE DISQUALIFICATION HEARINGS

10/24 VOLUME V, PART XIX, PAGE 5

G. PREPARATION FOR THE HEARING

For appeals that involve work registration or SNAP E&T noncompliance, eligibility staff and E & T staff must prepare the Summary of Facts jointly except when a household member refuses to register.

The Summary of Facts should include the following:

1. Identifying Information:

Name of local agency Name, address and case number of claimant Persons included in the SNAP household Name, age, relationship to claimant Other persons in household Name, relationship

2. Date of Request and Reason for Appeal (quote the claimant in requesting the hearing)

3. Statement of Agency Action

b. Under the heading "Agency Policy", cite and quote passages from the Virginia SNAP certification manual on which agency action was based.

c. If the level of participation is in question, give a detailed breakdown of the claimant's financial circumstances as it appears on the SNAP application with whatever explanation may be necessary.

d. Note the date and result of an agency conference on the denial of expedited service, if appropriate.

4. State whether participation is continuing during the appeal process on the basis authorized immediately prior to the adverse action notice. TRANSMITTAL #35