[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR247.20]

[Page 381-382]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 247--COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents
 
Sec. 247.20  Fair hearing procedures.

    (a) Availability of hearings. The State agency shall provide a 
hearing procedure through which any individual may appeal a State or 
local agency action which results in the denial or termination of 
benefits to the individual. The State agency shall conform to Program 
hearing procedures as outlined in this section at all times unless the 
State has an alternate hearing procedure whereby participants can appeal 
State or local agency actions. This alternate procedure may be used with 
FNS approval.
    (b) Notification of appeal rights. At the time of application each 
applicant shall be informed of the right to a fair hearing.

At the time of denial or termination of benefits, each individual shall 
be informed in writing of the right to a fair hearing, of the method by 
which a hearing may be requested, and that any positions or arguments on 
behalf of the individual may be presented personally or by a 
representative such as a relative, friend, legal counsel or other 
spokesperson. Such notification is not required at the expiration of a 
certification period.
    (c) Request for hearing. A request for a hearing is defined as any 
clear expression by the individual or the individual's parent, guardian 
or other representative, that an opportunity to present its case to a 
higher authority is desired. The State or local agency shall not limit 
or interfere with the individual's freedom to request a hearing.
    (d) Time limit for request. The State or local agency shall provide 
individuals a reasonable period of time to request fair hearings. Such 
time limit shall not be less than 60 days from the date the agency mails 
or gives the applicant or participant the notice of adverse action to 
deny or terminate benefits, as required in Sec. 247.7(f)(2).
    (e) Denial or dismissal of request. A request for a hearing shall 
not be denied or dismissed unless:
    (1) The request is not received within the time limit set by the 
State agency in accordance with paragraph (d) of this section.
    (2) The request is withdrawn in writing by the applicant or a 
writing by the applicant or a representative.
    (3) The applicant or representative fails, without good cause, to 
appear at the scheduled hearing.
    (f) Continuation of benefits. Participants who appeal the 
termination of benefits within the 15 day advance adverse notice period 
provided by Sec. 247.7(f)(2) shall continue to receive Program benefits 
until the hearing official reaches a decision. Applicants who are denied 
benefits at initial certification or at subsequent certifications may 
appeal the denial but shall not receive benefits while awaiting the 
hearing.
    (g) Rules of procedure. The State and local agency shall process 
each request for a hearing under uniform rules of procedure. The uniform 
rules of procedure shall be available for public inspection and copying. 
At a minimum, the uniform rules of procedure shall include: The time 
limits for requesting and conducting a hearing; all advance notice 
requirements; the rules of conduct at the hearing; and the rights and 
responsibilities of the applicant. The procedures shall not be unduly 
complex or legalistic and the applicant's background shall be taken into 
consideration.
    (h) Hearing official. Hearings shall be conducted by an impartial 
official who does not have any personal stake or involvement in the 
decision and who was not directly involved in the initial determination 
of the action being contested. The hearing official shall:
    (1) Administer oaths or affirmations if required by the State;

[[Page 382]]

    (2) Ensure that all relevant issues are considered;
    (3) Request, receive and make part of the hearing record all 
evidence determined necessary to decide the issues being raised;
    (4) Regulate the conduct and course of the hearing consistent with 
due process to ensure an orderly hearing;
    (5) Render a hearing decision which will resolve the dispute.
    (i) Conduct of the hearing. The hearing shall be accessible to the 
applicant. The State or local agency shall provide the applicant with a 
minimum of 10 days advance written notice of time and place of the 
hearing and shall enclose the rules of procedure. The State and local 
agency shall also provide the applicant or representative an opportunity 
to:
    (1) Examine, prior to and during hearing, the documents and records 
presented to support the decision under appeal; (2) be assisted or 
represented by an attorney or other persons; (3) bring witnesses; (4) 
advance arguments without undue interference; (5) question or refute any 
testimony or evidence, including an opportunity to confront and cross-
examine adverse witnesses; and (6) submit evidence to establish all 
pertinent facts and circumstances in the case.
    (j) Hearing decisions. (1) Decisions of the hearing official shall 
comply with Federal law or regulations and shall be based on facts in 
the hearing record. The verbatim transcript or recording of testimony 
and exhibits, or an official report containing the substance of what 
transpired at the hearing, together with all papers and requests filed 
in the proceeding shall constitute the exclusive record for a final 
decision by the hearing official. This record shall be retained in 
accordance with Sec. 247.13. This record shall also be available, for 
copying and inspection, to the appellant or representative at any 
reasonable time.
    (2) A decision by the hearing official shall be binding on the local 
agency and shall summarize the facts of the case, specify the reasons 
for the decision, and identify the supporting evidence and the pertinent 
regulations. The decision shall become a part of the record.
    (3) Within 45 days of the request for the hearing, the applicant or 
representative shall be notified in writing of the decision and the 
reasons for the decision in accordance with paragraph (j)(2) of this 
section. Also, if the decision is in the favor of the applicant and 
benefits were denied, benefits shall begin within this 45-day time 
period. If the decision is in favor of the agency, as soon as 
administratively feasible any continued benefits shall be terminated as 
decided by the hearing official.
    (4) All State and local agency hearing records and decisions shall 
be available for public inspection and copying, subject to the 
disclosure safeguards provided in Sec. 247.22(d), and provided the names 
and addresses of participants and other members of the public are kept 
confidential.
    (k) Judicial review. If a State level decision upholds the agency 
action, the State agency shall explain any available State review of the 
decision and any State rehearing process. If neither are available or 
have been exhausted, the State agency shall explain the right to pursue 
judicial review of the decision.

(Approved by the Office of Management and Budget under control number 
0584-0063)


(44 U.S.C. 3506)

[46 FR 6341, Jan. 21, 1981, as amended at 47 FR 746, Jan. 7, 1982]