Actions After Receipt of the Request
CT Process
Complete the following actions when the hearing request is received:
- Date stamp the written hearing request on the date received.
- Forward the written hearing request to the OLCRAH. Include the following requestor information on a separate paper if not included in the hearing request:
- Name
- Address
- Individual identification number
- Provide a postmarked envelope, when appropriate.
- Review the case record and the actions at issue:
- If the review determines changes are required:
- make the required changes,
- notify the EDG of the change,
- ask if they wish to proceed to the agency conference or fair hearing,
- advise the EDG to submit a written withdrawal if they don’t wish to proceed with an agency conference or fair hearing, and
- If the review determines the changes can’t be made:
- explain the actions at issue will not be completed,
- ask if they wish to proceed to the agency conference or fair hearing, and
- advise the individual they can submit a written withdrawal if they are satisfied with the explanation and actions.
Note: Fax or call OLCRAH if you receive a written withdrawal.
- Prepare a written summary including the following information:
- A brief summary of the case situation.
- All relevant facts about the issue.
- The policy citations for the agency’s actions.
- Your name and phone number.
- Copies of all relevant information, documents, notices, and ImpaCT screens.
- Submit the summary to your Supervisor for review and approval by the Operations Manager.
- Send the EDG, their authorized representative (if applicable), and OLCRAH a copy of the summary and exhibits no later than 5-working days before the scheduled hearing date.
- Offer an agency conference to the EDG/authorized representative to discuss the agency’s actions.
- Advise OLCRAH immediately:
- if an expedited hearing is needed, or
- when there are changes to the EDG’s/representative’s circumstances.
Agency Conference
7 CFR § 273.15(d)(1)
Agency conferences are held at the local level to discuss the issue prior to a fair hearing. The agency conference is scheduled within 2-working days from the date of the hearing request.
Note: The EDG has the right to refuse the agency conference, or schedule the conference later.
Agency conferences are not mandatory. The EDG can have an agency conference and a fair hearing. Enter case notes if the EDG chooses not to have an agency conference.
The Supervisor completes an agency conference by reviewing the issue with the EDG/authorized representative and tries to come to an agreement on the action taken. The EDG can proceed to a fair hearing regardless of the outcome of the agency conference.
Expedited Service Denial Conference Timeframes
7 CFR § 273.15(d)(2)
EDGs disagreeing with a denial of expedited service will have an opportunity for a conference within 2-working days of the day the objection is made.
Note: The EDG has the right to schedule the conference later.