7 CFR § 273.15(c)(1)


Within 60 days of the request date of the fair hearing request, unless rescheduled, the hearing must be:

  • held,
  • a decision issued, and
  • notices of the decision sent to:
    • the agency, and
    • the EDG, and their authorized representative if applicable.  

Scheduling Fair Hearings

7 CFR § 273.15(h)(2) and (l)(1)


OLCRAH notifies the agency of the scheduled hearing, and sends the EDG/authorized representative a written notice about it, at least 10 days before the hearing date.  The notice includes the following information.

  • Date, place, and time of the hearing.
  • How the hearing process works.
  • Name, address and phone number of the individual to contact if the EDG/authorized representative can’t attend the scheduled hearing.
  • The EDG/representative may examine the case before the hearing.
  • The hearing will be dismissed if the EDG/authorized representative, without good cause, fails to appear for the hearing.


Hearings are held: 

  • during normal work hours, and 
  • within 30 days from the request.

Expedite Hearing Request

Expedite hearing requests from EDGs who may not be in the area very long, including but not limited to migrant or seasonal farmworkers.  Process these hearing requests to ensure a decision is made and underpayments are issued, if required, before the EDG leaves the area.

EDG Requests to Reschedule

7 CFR § 273.15(c)(4)


EDGs can request to reschedule the scheduled hearing, but not for more than 30 days.  

Decision Action Postponed

7 CFR § 273.15(c)(4)

 

Time limits to render the decision are extended for as many days as the hearing is postponed at the EDG’s request.  

Example:  EDG or its authorized representative requests a 10-day extension.  Notification of the decision must be made within 70 days of the hearing request.  (60 days normal action period plus the 10-day extension given to the EDG.)