117-8          PREPARATION FOR THE FAIR HEARING

The DPADivision of Public Assistance hearing representative is responsible for preparing the agency's case for presentation at the hearing. The representative must briefly review the case promptly after receiving the request to allow time to obtain policy clarification or other documentation.

The DPADivision of Public Assistance hearing representative must not delay other preparatory work required awaiting the results of the prehearing conference. However, if the prehearing conference is held within a reasonable amount of time (five days or less from the date of request), it may be prudent for the DPADivision of Public Assistance hearing representative to wait for the results of the prehearing conference to avoid unnecessary work if the client withdraws or the agency concedes.

The three steps to prepare a case for fair hearing are:

1. Review the case and issue in dispute. The DPADivision of Public Assistance hearing representative will conduct a complete review of the case pertaining to the adverse action prompting the hearing request. The representative will ensure the action was taken properly, determine the issue(s) to be addressed at the hearing, and become familiar with facts of the case. Occasionally, the representative will not know the exact issue of the hearing request. When this happens, the representative should contact the client to determine the reason. The issue must be clearly identified prior to the fair hearing.
2. Prepare the fair hearing position statement. The fair hearing position statement is designed to document the agency's position on the fair hearing request. It also assists the DPADivision of Public Assistance hearing representative in organizing his or her presentation at the hearing.
3. Gather exhibits and make arrangements for witnesses. The agency's role in the hearing is to inform the hearing authority what action was taken by the agency and cite policy and regulations supporting the action. The agency representative must present the facts supported by exhibits and testimony from witnesses.

117-8 A.      POSITION STATEMENT

The position statement summarizes the agency's position. It outlines the facts of the case and the agency's actions that led the client to request a fair hearing. The DPADivision of Public Assistance hearing representative must provide documentation of the facts. This is accomplished through the agency's case notes, notices, and excerpts from policy manuals.

The DPADivision of Public Assistance hearing representative will ensure adverse action taken by the agency is correct by reviewing the case notes, notices, file contents, and program policy pertaining to the issue. The position statement must be completed before the hearing and a copy submitted to the Office of Administrative Hearings, the client, and/or the client representative at least six calendar days before the hearing.

117-8 B.      EXHIBITS

Copies of the agency's exhibits must be submitted along with the position statement to the Office of Administrative Hearings, the client, and/or the client representative. Additional exhibits may be submitted at the time of the hearing.

Online case notes, notices of action, applications, recertifications, reports of change, and verification are used as exhibits to illustrate the events that led to the adverse action taken by the agency. Sections from the appropriate program manuals and Administrative Procedures Manual, state statutes and regulations, and federal regulations are also used as exhibits to support the agency's actions.

The exhibits must be numbered individually to correspond to the order in which they will be submitted into the hearing record during the DPADivision of Public Assistance hearing representative's presentation. Normally, the exhibits will also be entered in the chronological sequence of events as stated in the position statement.

Sections from the program manuals and Administrative Procedures Manual, state statutes and regulations, and federal regulations are entered last as a conclusion to the representative's presentation.

117-8 C.      WITNESSES

Witnesses may be used to support the agency's action or to verify a sequence of events or facts. The agency representative must contact witnesses as soon as it is known they are needed, and assist them in their preparation for the hearing.

The representative must arrange the introduction of such witnesses to assure the continuity of the agency's presentation.