Administrative Hearings - Preparation

Revised December 29, 2011

CLARIFYING INFORMATION

The fair hearing preparation is the responsibility of the FHC.

The Fair Hearing report and proposed exhibits (Fair Hearing Packet) should be made available to the client and their representative as soon as possible before the hearing. The client may have seen the documents before but they will be in a different format and may not look familiar.

If an interpreter is involved, the Fair Hearing Packet should be given to the interpreter in advance of the hearing day if possible.

EVIDENCE

1. Evidence can be in the form of documents or testimony.

2. Documentary evidence can come from different sources. Documents which can be used as evidence in a hearing include, but are not limited to:

   1. Letters/notes provided by the client or others.

   2. Applications, MSR, or other forms signed by the client.

   3. Medical reports, employer statements, collateral statements or other documents provided by a third party and used by the department in the eligibility decision.

   4. Financial computations, ACES screen prints including CAFI, MAFI and FSFI, Progressive Evaluation Process worksheets

   5. Notices or letters sent by the department to the client either through ACES or manual notes.

   6. Verification documents provided by the client (landlord statement, wage stubs).

3. Testimony is provided by witnesses who have direct knowledge of facts related to the issue for hearing. It is appropriate to use a witness when the witness can testify:

   1. That a document is authentic because the witness either prepared the document or observed the preparation;

   2. About the source of a document because the witness either received the document or observed its receipt;

   3. About his or her own actions;

   4. About the actions of others; or

   5. About statements made by the appellant to the witness.