870.5 Preparation for the Hearing

In preparation for the hearing, the individual, upon request, has the right to:

NOTE:  BHA makes the final decision regarding the release of confidential information.

55 Pa. Code § 275.3(a)   7 CFR 273.15(i)

The CAO may request legal representation from the Office of General Counsel. If an attorney is assigned, the CAO will make all the evidence available to him. The attorney will be responsible for seeing that all relevant testimony and evidence is introduced.

55 Pa. Code § 275.4(g)(2)  55 Pa. Code § 275.4(g)(3)  55 Pa. Code § 275.4(g)(4)

If an attorney is not assigned, the CAO is responsible for presenting all testimony and evidence at the hearing. Since the hearing decision is based solely on the information presented at the hearing, the CAO must be sure to introduce all relevant information. Whenever possible, the CAO/agency shall have the person who made the decision or took the action present for the hearing.

55 Pa. Code § 275.4(g)(5)   55 Pa. Code § 275.4(g)(6)

Prior to the hearing, the CAO will:

55 Pa. Code § 275.4(a)(3)  7 CFR 273.15(i)

Evidence packets for the individual (and their representative) and for BHA shall be sent via first-class mail. This material may only be faxed to BHA at BHA's request in instances where time is of the essence.

Exception: The CAO may contact BHA to postpone the hearing, to advise BHA of receipt of the individual's signed withdrawal, request a continuance, request subpoenas for evidence or witnesses, and/or request approval for the release of questionable information.

 

Updated September 19, 2024, replacing February 19, 2021