Hearings
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.