7 CFR § 273.15(b) and (m)(1)-(2)(i) and (n)


All fair hearings are conducted by a hearing officer who conducts the fair hearing and provides a fair and impartial review of the issue and provides a final decision.  Fair hearings are completed by phone, or in-person when required. 

Attendance

7 CFR § 273.15(o)


Hearings are attended by: 

  • the hearing officer;
  • the EDG and their authorized representative, including legal counsel;
  • DSS representative; and
  • other individuals as requested by the hearing officer, agency, or the EDG/representative.


Note:  Hearing officers have the authority to set the number of individuals attending the hearing when space is limited.  

Process

Hearing Officer

7 CFR § 273.15(m)(2)(i)-(vi)


The hearing officer:

  • schedules the hearing,
  • determines the issue of the hearing,
  • reviews all relevant issues,
  • determines who may be present at the hearing,
  • directs the hearing process,
  • records and maintains a transcript or recording of the hearing, and
  • provides a decision.


The hearing officer begins the hearing by administering oaths and explaining:

  • The purpose of the hearing (issue and program).
  • How the hearing will be conducted.
  • The decision is based on regulations/rules, facts, and testimony presented at the hearing. 

EDG/Authorized Representative 

7 CFR § 273.15(p)(1)-(6)


The EDG/authorized representative has the opportunity to:

  • Argue issues without undue interference.
  • Bring witnesses.
  • Cross-examine agency witnesses.
  • Disagree with testimony or evidence.
  • Examine all information and records used at the hearing before and during the hearing.

Exception:  Do not release IEVS information, or the names of individuals who provided information about the issue without the EDG’s knowledge.

  • Have the hearing procedures explained to the EDG’s/authorized representative’s understanding.
  • Present their case or have a representative present their case.
  • Submit their own evidence and facts.

Agency Representative 

7 CFR § 273.15(m)(2)(p)(1) and (5)


For in-office hearings, promptly bring the EDG and their authorized representative, if applicable, to the hearing room.  


The agency representative has the opportunity to:

  • Present their case. 
  • Answer questions from the hearing officer or the EDG/authorized representative.
  • Disagree with testimony or evidence.
  • Correct or modify any statements made during the hearing.


Do not introduce confidential information at the hearing, such as:

  • the names and addresses of individuals who provided information about the hearing issue without the EDG’s knowledge, or 
  • pending criminal prosecutions.