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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ 6. To regulate the conduct of the fair hearing to be consistent and orderly. I. Conduct of the Hearing 1. The Vendor or their representative will have an opportunity to: a. Examine the evidence to support the decision under appeal prior to and during the hearing; b. Be assisted or represented by an attorney (at the Vendor's own expense) or other person; c. Bring witnesses; d. Advance arguments without undue interferences; e. Question or refute any testimony or evidence, including an opportunity to confront and cross examine adverse witnesses; and f. Submit evidence to establish all pertinent facts and circumstances in the case. J. Hearing Decisions 1. Decisions of the Hearing Officer will comply with Federal Law, 7 CFR §246.18, State WIC Policy, WV WIC Vendor Handbook, and will be factually based on the hearing record. 2. The decision will be binding on the State Agency and will summarize the facts of the case, specify the reasons for the decision, identify supporting evidence and relevant regulations or policy. The decision will become a part of the record. 3. The decision of the Hearing Officer will not be based upon the appropriateness of a State Agency policy, but instead will be made on the fair, correct and equitable application of established policies and procedures. 4. Within ninety (90) days of receiving the hearing request by the Vendor, the Vendor or the Vendor's representative and the State Agency Director will be notified in writing of the decision. The Vendor may continue to operate as an authorized West Virginia WIC Vendor when the decision is in their favor. In accordance with 7 CFR §246.18(b)(9) this ninety (90) day timeframe is only an administrative requirement for the State Agency and does not provide a basis for overturning the State Agency’s adverse action if a decision is not made within the specified timeframe. 5. All State Agency hearing records will be available to the appellant or representative at any reasonable time period. Page 5 of 8