12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 438 12.2 How many of those fair hearings resulted in the initial decision being reversed? 4 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? There were no policy and/or procedural changes for VDSS or DHCD. 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. For VDSS, an applicant for and/or recipient of Heating, Crisis, and/or Cooling Assistance has the right to appeal and receive a fair hearing if: the application or the right to make application is denied; the application is not approved or denied in a timely manner unless the delay was caused by the applicant’s lack of cooperation in providing necessary and reasonable evidence; an approved case is closed and the household believes it should not have been; or for any action taken on the case/application for which he/she disagrees. An applicant for and/or recipient of Heating, Crisis and/or Cooling Assistance has the right to appeal and receive a fair hearing if the application is not approved or denied in a imely manner unless the delay was caused by the applicant’s lack of cooperation in providing necessary and reasonable evidence. DHCD’s hearings process is the same for denials and applications not acted on in a timely manner. The local weatherization administrator develops procedures that are adopted by their Board of Directors. Typically, the procedures involve an opportunity to meet with the local agency head and/or a representative group of the Board of Directors. The Weatherization component’s hearings process is the same for denials and applications not acted on in a timely manner. The local weatherization administrator develops procedures that are adopted by their Board of Directors. Typically, the procedures involve an opportunity to meet with the local agency head and/or a representative group of the Board of Directors. 12.5 When and how are applicants informed of these rights? All applicants for and recipients of Heating, Crisis and Cooling Assistance will be informed in writing, at the time of application of the right to a fair hearing, of the method by which a hearing may be obtained, and of the right to be represented by others or to represent him/herself. Additionally, LDSS will inform all clients of the right to a fair hearing if the client is dissatisfied with any action taken by the LDSS. Notification will occur via the following methods: applicants seen in person will be informed verbally and in writing via the EAP Fact Sheet and all applicants,whether seen or not, will be in informed of the right to request a fair hearing in writing via the Client Notice of Action. In addition to filing an appeal, the applicant has the right to request a conference with the LDSS to discuss the actions listed above or any action taken on his/her case/application. At this conference, the LDSS must provide the applicant with an explanation of the action taken. The applicant must also be given the opportunity to present an explanation and state why he/she disagrees with the LDSS action. At the conference, the applicant has the right to have his/her side presented by an authorized representative, such as a friend, relative, or lawyer. Requesting a conference does not prevent the applicant from requesting a fair hearing. If a hearing is requested, a VDSS Hearings Officer will conduct the hearing and make a decision on the appeal. The appellant will be notified in writing of the Hearings Officer’s decision within 60 days of the receipt of the appeal request. Applicants for Weatherization are informed of the right to appeal an application denial or an untimely action on an application at the time the application is taken or denied. Files of denied applicants are monitored during the field/client file monitoring. If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.