Page 95

VIRGINIA DEPARTMENT

OF SOCIAL SERVICES ENERGY ASSISTANCE

06/09 VOLUME IX, CHAPTER F, PAGE 6

respond to, shall not be introduced at the hearing, nor shall it become a part of the hearing record. It is within the discretion of the hearing officer to designate what is pertinent to an issue on appeal and admissible as evidence during the hearing, including the entire case record, if appropriate. Evidence admissible at the hearing shall be limited to data having bearing on the LDSS action or inaction on an application. No other issues or evidence shall be considered.

The claimant shall have the right to introduce evidence at the hearing. If the claimant was required by guidance to produce documentation or verification of eligibility criteria and the LDSS acts upon the question of eligibility where the claimant has failed to produce such documentation or verification, the LDSS shall not be reversed upon the basis of such documentation or verification being produced by the claimant at the hearing unless the LDSS:

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

b. should not have acted without the evidence or information;

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

If, during the hearing process, need for adjustment in eligibility status in favor of claimant becomes evident, reconsideration or modification of the former decision will be made by the LDSS. For instance, an error may have occurred in computation of countable income.

8. HEARING ACTIVITIES

The hearing must be attended by an LDSS representative and the claimant or a representative. The client may also bring relatives or friends along if he/she so chooses. The hearing officer has the authority to limit the number of persons present. The hearing officer will coordinate the activities at the hearing.

The LDSS will have the opportunity to clarify or modify its statements contained in the summary and to question the claimant, his representative, or witnesses. The LDSS has the same rights as the claimant to examine documents, bring witnesses, advance arguments, question evidence and submit evidence.

TRANSMITTAL #09-1