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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ The State Agency will send the personnel who make the decisions regarding the appellant to the fair hearing in order to explain why the appellant was denied participation, disqualified, or terminated from the WV WIC Program. State Agency personnel will: 1. Appear at the fair hearing to testify regarding the sanction action, denial, disqualification, or termination. 2. State exactly how they came about making the decision regarding the appellant. 3. Explain each step within the decision-making process as it pertains to the appellant. 4. Inform the Hearing Officer of the policy and procedure upon which they relied to make the decision regarding the appellant. H. Hearing Officer Fair hearings will be conducted by an officer of the WV Department Of Health And Human Resources, Office Of Inspector General, State Board of Review who does not have any personal stake or involvement in the decision and who was not directly involved in the initial determination of the action being contested. The Hearing Officer is responsible for the following: 1. To notify the appellant and the State Agency Director of the hearing location, date and time with a minimum of ten (10) days advance written notice. a. The fair hearing will be held in Charleston, West Virginia, unless otherwise agreed to by the State Agency and the Hearing Officer. b. The initial hearing will be scheduled within thirty (30) days from the date the State Agency received the request for a fair hearing. c. The Vendor may reschedule a hearing date a maximum of one (1) time. A third hearing date will be granted only if the State Agency determines that the Vendor has shown good cause for failure to attend the first two (2) hearings. 2. To maintain an updated copy of the West Virginia WIC Policy and Procedure Manual. A copy of the fair hearing policy will be included with the written notice to the appellant. 3. To administer oaths of affirmation. 4. To ensure all relevant issues are considered. 5. To request, receive and make part of the hearing record all evidence determined necessary to decide the issues being raised. Page 4 of 8