At least ten days prior to the date of the hearing, BHA will send a written notice to all parties to the appeal. The notice will contain the following information:
55 Pa. Code § 275.4(e) 7 CFR 273.15(l)
The date, time, and place of the hearing. See Appendixes C, D, E, F, and G for hearing locations.
The name, address, and telephone number of the individual to notify if the client is unable to attend the hearing.
A statement that BHA will dismiss the hearing request if the client or his representative fails to appear without good cause.
A statement that the client or his representative may examine the case record at the CAO/agency office prior to the hearing.
A copy of the Department's hearing procedures.
A client may waive the requirement to give him this information ten days in advance of the hearing date if he wishes to have the hearing scheduled more quickly.
55 Pa. Code § 275.4(e) 7 CFR 273.15(i)
BHA will expedite requests from clients who choose the Community Choices process and migrant farm workers who plan to move out-of-state before a hearing decision would normally be made. Hearing requests from these clients will be processed more quickly than others, if necessary, so that a decision may be made and benefits restored, if appropriate, before the client moves.
BHA will expedite an appeal of a denial of payment for an abortion, so that if the appeal is in favor of the client, the abortion may be performed while it is still safe to do so.
When the issue involves an overpayment or reimbursement, the CAO will notify the Office of Inspector General (OIG). If the client uses an OIG notice to request the hearing, BHA will notify OIG and the CAO of the hearing date.
The client may request a postponement by contacting the ALJ. For SNAP, the client is entitled to receive a postponement of up to 30 days.
55 Pa. Code § 275.4(e)(4) 7 CFR 273.15(c)(4)
The CAO can access MAPPER, Department 143, access code M8B958 for the Menu for the Hearings and Appeals tracking system. From the main menu, the CAO can select "scheduled cases" for a list of hearings scheduled for the CAO. Information includes the district, date, time, case number, and type of hearing (See Section 870.6, Conduct of the Hearing). See Appendix B.
BHA will schedule group hearings if:
two or more clients in the same county request a hearing on one issue;
the issue is a DHS regulation; and
the facts are not in dispute.
All regulations about fair hearings apply to group hearings. Each client who is appealing may present his case. The client may demand to have an individual hearing. The client may request to have his hearing be part of a group hearing.
55 Pa. Code § 275.4(e)(6)(i) 7 CFR 273.15(e)
BHA is the sole authority for denying or dismissing a hearing request. Under no circumstances shall the CAO/agency issue an Order or documents on the client stating that the client’s appeal has been or will be dismissed. This includes Orders for the ALJ’s signature. The CAO/agency may submit a motion for dismissal which does not contain a proposed Order. The motion for dismissal should include the specific reason the CAO/agency is requesting dismissal. BHA may dismiss a hearing request only when:.
the request is not received timely;
NOTE: BHA determines timeliness. There are circumstances when an untimely appeal may proceed to hearing and be decided on the merits.
the request is withdrawn in writing by the client or his representative. The CAO will date stamp the request.
NOTE: Never attempt to convince the client to withdraw his request. If the client decides to withdraw the request after it has been sent to BHA, notify BHA immediately and send a copy of the date-stamped withdrawal. The withdrawal may be faxed to BHA but must be followed by a hard copy via U.S. mail. The fax cover sheet to be included for withdrawals can be found at Appendix H. The fax receipt will be the only confirmation the CAO will receive from BHA. Ensure it is kept in the case record. Withdrawals that exceed 15 pages should not be faxed to BHA, but sent via U.S. mail. Narrate all actions.
the client or his representative fails to appear at the hearing without good cause. In this case, the appeal is considered abandoned. The ALJ determines good cause.
55 Pa. Code § 275.4(e)(6)(iii)
If the CAO fails to send a representative to the hearing, the ALJ will decide in favor of the client and notify the CAO in writing. If neither the client or the CAO appears, the ALJ will reschedule the hearing.
55 Pa. Code § 275.4(e)(6)(iii)
Reissued September 27, 2012, replacing March 16, 2012; reviewed July 25, 2013