Applicants and recipients have the right to file an appeal and request a hearing about a decision or failure to act that affects LIHEAP eligibility or benefit amount. An applicant or recipient may appeal decisions of the CAO or another LIHEAP administering agency that provides services under contract with DHS.
Exception: Applicants do not have the right to a hearing if LIHEAP closes because of a lack of funds before the CAO issues benefits or if the applicant submits an application after the program ends. However, the CAO must process a “late” application if the delay was the CAO's fault.
A hearing request is an oral or written expression by a client, or a person acting on the client's behalf, exercising his or her right to a fair hearing.
The applicant has the right to appeal any decision or action regarding overpayments.
Staff members who were directly involved in making the decision or submitting the overpayment claim must be present at the hearing.
See Supplemental Handbook Chapter 870, Appeal and Fair Hearing, for more detailed information.
Reissued June 16, 2016, replacing September 26, 2011