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The local hearing allows the county agency to explain the action in question and the appellant to explain why he feels that action should not take place.
Hold the hearing in the county social services office unless the appellant is bedfast or has great difficulty moving. In such cases, the hearing may be held where the appellant lives.
Prior to and during the hearing, the appellant or his/her personal representative may examine the contents of the case file together with portions of other public assistance or social services case files that pertain to the appeal. He/she also may examine all other documents and records to be used at the hearing. The appellant or his/her representative may obtain copies of these materials without charge.
1. Prepare an original and two copies of a summary (SA-3340 Figure 1) discussing the agency’s action and the reasons for that action. Cite the regulation substantiating that action. Attach to the summary copies of pertinent documents.
2. Give the original to the hearing officer. Give one copy to the appellant. Following the hearing, file the other copy in the eligibility record.
Attendance at the hearing is limited to the appellant, his/her representative, appropriate representatives of the county department, and any witnesses which the appellant or the county wish to call upon for testimony.
1. The appellant and the county may be represented by attorneys or other representatives obtained at their expense.
2. Hold the hearings before the county director or his/her designee, provided that whoever hears the appeal was not involved directly in the initial decision, which resulted in the appeal.
The designee can include another county employee, a board member, or an employee of a social services agency in another county.
3. It is not required that the hearing be recorded. However, a written summary of the hearing must be maintained.
4. The County and the appellant must each name someone to present the testimony and to call witnesses. Any person testifying must be sworn in.
5. The county’s representative must read the summary and explain the county’s action, or call upon someone to do so. He/she may call witnesses, one at a time. When the county’s testimony has ended, the appellant or his/her representative may question the county’s witnesses or representative.
6. The appellant or his/her representative may then explain why he/she feels the county’s action should not take place. He/she may call witnesses, one at a time. When the appellant’s testimony has ended, the county or its representative may question the appellant, his/her witnesses or representative.
7. Representatives for the county and the appellant may present closing statements summarizing their view of the situation in question.
1. The county director or his/her designee will make a decision in the case, based on appropriate regulations and evidence presented at the hearing. Those factors must be cited in a written statement of the decision.
2. The written statement of the decision must be sent to the appellant by certified mail within 5 calendar days of the local hearing.
3. Put a decision upholding the appellant into effect within two weeks after the decision is rendered.
If a reduction or termination of assistance is affirmed, any benefits received during the time of the appeal are subject to recovery.
If the appellant is not satisfied with the local hearing decision, he/she may, within 15 calendar days of the mailing of that decision, request a state hearing through the local Division of Social Services, or within 90 days of the date of the original notice of action, if he/she can show good cause for a later request, as defined in II.C.3., above. The request can be either verbal or written and is made to the department of social services.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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