1) Upon receipt of a request for a hearing, either orally in the Food Stamp Program or in writing, a fair hearing summary will be prepared in response to the request. The presenter (§5407) is expected to write and sign the Hearing Summary.

2) A fair hearing summary is a document prepared by the agency stating the factual and legal reason(s) for the action under appeal.

3) The purpose of the hearing summary is to state the position of the proponent of the action in order to provide the appellant with the necessary information to prepare his/her case.

4) Preparation of hearing summary - On receipt of a request for a fair hearing, the agency shall prepare and submit a hearing summary to the Hearing Office within five (5) working days. The document must be easily read and understood (abbreviations should be avoided). Actions in the matter being appealed should be explained in concise statements and include citations to the policy upon which the action is based. The names and addresses of persons that the agency expects to call to testify will be included in the hearing summary.

5) Format of the hearing summary - The fair hearing summary shall be labeled at the top and signed and dated at the bottom. It shall contain the following:

a) Identifying information - Give the client's name, the client's address, and the DCIS identification number.

b) Client's reason for appeal - This section shows the basis of the client's appeal (rejection, reduction, closure, amount of benefits etc...)

c) Action taken - This section is used to describe the specific action taken by the agency as well as the factual basis for its decision.

d) Has assistance continued? - This section identifies whether or not the appellant's assistance has been restored because the appellant filed a request for a hearing within the timely notice period.

e) Cite policy basis - This purpose of this section is to cite the specific State rules supporting the action taken.

f) Persons expected to testify - This section lists the names and addresses (if any) of persons that the agency expects to call to testify.

If completed by DSS, the worker will submit the case to his/her supervisor. The supervisor will:

a) Provide an adequate case review;

b) Correct any errors;

c) Forward request/summary together with any documents to be offered for admission at the hearing to the agency or DSS hearing office.

Note: If a section is not applicable, the designation "N/A" may be used.

As soon as the request/summary is received, it is recorded in an appeal calendar and immediately forwarded to the hearing officer. Upon review, the hearing officer will:

a) Set a prompt date for the hearing;

b) Send a notice conforming to the requirements of §5311. The notice will include the hearing summary.

c) Notify all parties, including witnesses, of the date, time, and place of the hearing.