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106.2 TANF MANUAL 10/18 Page 3a

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

c. bring witnesses;

d. establish pertinent facts and advance arguments;

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

f. introduce evidence regardless of whether such evidence was available to the agency worker at the time of the agency's decision.

4. The local agency will have the opportunity to clarify or modify its statements contained in the Summary and to question claimant, his representative or witnesses on the salient issue(s).

5. Evidence admissible at the hearing shall be limited to data having a bearing on the issue(s) on appeal. Such issues include those given by claimant at the time of his appeal and those given by the local agency as a basis for its action or inaction under appeal. The hearing officer determines whether an issue other than the one being appealed may be introduced, but no additional issues are admissible without concurrence of the claimant and the local agency.

6. If the claimant was required by guidance to produce documentation or verification of eligibility criteria and does not do so, and the agency acts upon the question of eligibility for which the claimant has failed to produce such documentation or verification, the agency shall not be reversed upon the basis of such documentation or verification being produced by the claimant at the hearing. The claimant must reapply to have the evidence considered unless the agency:

a. Was responsible for securing the evidence or information, but did not.

b. Should not have acted without the evidence or information, or

c. Placed a demand on the claimant for evidence or information that was beyond the capacity of the claimant to provide.

Approval of a reapplication shall not be retroactive to the prior reduction, denial or termination of assistance.

E. When the issue on appeal is of a medical nature, the hearing officer may request a medical assessment by someone other than the person(s) involved in making the original examination. Such an assessment will be obtained at local agency expense from a source satisfactory to claimant and will be made a part of the hearing record.

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