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VIRGINIA DEPARTMENT FAIR HEARINGS AND OF SOCIAL SERVICES ADMINISTRATIVE DISQUALIFICATION HEARINGS

10/24 VOLUME V, PART XIX, PAGE 9

b) present the case or have it presented by legal counsel or other person;

c) bring witnesses;

d) establish pertinent facts and advance arguments; and,

e) question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.

4. The local department of social services will have the opportunity to clarify or modify its statements contained in the Summary of Facts and to question the claimant, his representative, or witnesses on the important issue(s). The local department of social services has the same rights as the claimant to examine documents, bring witnesses, advance arguments, question evidence and submit evidence.

5. Evidence admissible at the hearing is limited to information that is related to the issue(s) being appealed. Such issues include those given by the claimant at the time of the appeal request and those given by the local department of social services as a basis for its actions or inaction under appeal. The hearing officer must determine whether an issue, other than the one being appealed, may be introduced, but no additional issues are admissible without concurrence of the claimant and local department of social services.

L. DUTIES OF THE HEARING OFFICER

The hearing officer must:

1. Ensure that all relevant issues are considered.

2. Request, receive, and make part of the record all evidence determined necessary to decide the issues being raised.

3. Regulate the conduct of the hearing consistent with due process to ensure an orderly hearing.

4. Order an independent medical assessment or professional evaluation from a source mutually satisfactory to the household and the local department of social services if it is relevant and useful.

5. Render a decision in the name of the State Hearing Authority. Decisions must comply with regulations as stated in the Virginia SNAP Certification Manual and the Virginia EBT Policies and Procedures Guide and must be based on the hearing record. An official report containing the substance of what transpired at the hearing, the findings and conclusions of the hearing officer, together with all papers and requests filed in the proceeding, will constitute the record for the decision.

6. Provide a copy of the decision that reverses the actions of a local department of social services to the SNAP Regional Consultant.

TRANSMITTAL #35