In preparation for the hearing, the client, upon request, has the right to:
receive, without charge, copies of materials necessary to prepare for the hearing;
examine CAO evidence and case records;
NOTE: BHA makes the final decision regarding the release of confidential information.
have the names of the CAO staff and witnesses who will attend; and
request a subpoena from the ALJ to produce evidence or witnesses.
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:
assure that the case record contains current information on the issue in question;
read and be familiar with the contents of the case record;
prepare a fact sheet for reference during the hearing. The fact sheet should include:
the name and relationship of all persons in the case;
the record number and category;
the amount and computation of benefits before and after the CAO decision or action;
a chronological summary showing the dates and significant events that relate to the incident which caused the need for the appeal;
applicable regulations that support the decision; and
photocopies of all documentary evidence to be introduced as exhibits in support of the CAO testimony.
Send copies of the fact sheet, all exhibits and documentary evidence to the client (and his representative) and BHA;
Refer to Supplemental Handbook Chapter 930, Safeguarding Information, for more on safeguarding confidential client information.
55 Pa. Code § 275.4(a)(3) 7 CFR 273.15(i)
Evidence packets for the client (and his 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.
Identify and contact witnesses who will be asked to testify; and
Limit communication with the ALJ to the written hearing request. Once the written request has been sent to BHA, no communication by the CAO or the client is permitted. If the appeal is for an action for which there was no notice, the ALJ may contact the CAO for a written explanation of its decision.
Exception: The CAO may contact BHA to postpone the hearing, to advise BHA of receipt of the client’s signed withdrawal, request a continuance, request subpoenas for evidence or witnesses, and/or request approval for the release of questionable information.
Reissued February 19, 2021, replacing August 27, 2012