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 individual is unable to attend the hearing.
A statement that BHA will dismiss the hearing request if the individual or their representative fails to appear without good cause.
A statement that the individual or their representative may examine the case record at the CAO/agency office prior to the hearing.
A copy of the Department's hearing procedures.
An individual may waive the requirement to give them this information ten days in advance of the hearing date if they wish to have the hearing scheduled more quickly.
55 Pa. Code § 275.4(e) 7 eCFR 273.15(i)
BHA will expedite requests from individuals 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 individuals will be processed more quickly than others, if necessary, so that a decision may be made and benefits restored, if appropriate, before the individual moves.
BHA will expedite an appeal of a denial of payment for an abortion, so that if the appeal is in favor of the individual, 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 individual uses an OIG notice to request the hearing, BHA will notify OIG and the CAO of the hearing date.
The individual may request a postponement by contacting the ALJ. For SNAP, the individual is entitled to receive a postponement of up to 30 days.
55 Pa. Code § 275.4(e)(4) 7 eCFR 273.15(c)(4)
The CAO Administrator can view the hearings scheduled for the CAO through the ECM Worklist on their Home page. The list presents the following sortable columns:
BHA will schedule group hearings if:
two or more individuals 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 individuals who is appealing may present his case. The individual may demand to have a singular hearing, or the individual may request to have their hearing be part of a group hearing.
55 Pa. Code § 275.4(e)(6)(i) 7 eCFR 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 individual stating that the individual'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 individual or their representative. The CAO will date stamp the request.
NOTE: Never attempt to convince the individual to withdraw their request. If the individual decides to withdraw the request after it has been sent to BHA, immediately complete the Withdraw Appeal action in ECM and attach a copy of the date-stamped withdrawal.
the individual or their 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 individual 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)
If the individual withdraws their appeal, then later wants to rescind their withdrawal and continue with their original appeal, the CAO should complete the Rescind Withdrawal action in ECM. BHA will then review the request to determine if the appeal should be re-opened, with the original identification number.
Updated September 19, 2024, replacing July 25, 2013