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VIRGINIA DEPARTMENT FAIR HEARINGS AND OF SOCIAL SERVICES ADMINISTRATIVE DISQUALIFICATION HEARINGS

10/24 VOLUME V, PART XIX, PAGE 14

4. Participation While Awaiting a Hearing (7 CFR 273.16(e)(5))

A pending ADH will not affect the household's right to be certified and receive SNAP benefits. The household member alleged to have committed an IPV cannot be disqualified through an ADH until a hearing officer finds the individual guilty of IPV, so the eligibility and benefit level of the household is determined in the same manner as for any other household.

R. CONDUCT OF THE ADH

The hearing officer will preside and conduct the hearing informally. Technical rules of evidence are not required. The hearing may be conducted via a teleconference. The hearing may also be recorded.

1. Attendance at the ADH

The ADH is attended by persons directly concerned with the issue. This normally means a representative of the local department of social services and the household member alleged to have committed an IPV and/or the household's representative. If space is limited, the hearings officer may limit the number of persons in attendance.

2. Responsibilities and Duties of Hearing Officer

The hearing officer must:

a. Identify those present for the record;

b. Advise the household member or representative that he/she may refuse to answer questions during the hearing;

c. Explain the purpose of the ADH, the procedure, how and by whom a decision will be reached and communicated, and the option of either the local department of social services or the household to request a review of the hearing officer's decision by the Commissioner;

d. Consider all relevant issues. Even if the household is not present, the hearing officer must carefully consider the evidence and determine if an IPV was committed based on clear and convincing evidence;

e. Request, receive and make part of the record all evidence determined necessary to render a decision; and

f. Regulate the conduct and course of the hearing consistent with due process to insure an orderly hearing.

3. Rights of the Household

The household member alleged to have committed IPV and/or the representative must be given adequate opportunity to: TRANSMITTAL #35