The individual may choose one of four types of hearings:
A telephone hearing with:
ALJ, CAO staff and individual with their witnesses and/or representative, each on the telephone from different locations.
OR
ALJ on the telephone with the CAO staff and individual with their witnesses and/or representative in the same room at the CAO.
OR
A face-to-face hearing is held with the:
ALJ, CAO staff and individual with their witnesses and/or representative all in the same room at a regional BHA site.
OR
ALJ and individual with their witnesses and/or representative at a regional site with the CAO staff on the telephone.
If the individual is unable to provide a telephone number where they can be reached, they may use the telephone in the CAO. If the individual fails to choose the type of hearing they want, BHA will schedule a telephone hearing.
During the hearing, the individual has the right to:
Represent themself or be represented by an attorney, relative, friend, or other spokesperson;
Bring friends or relatives to the hearing, depending on the space available (BHA will determine if there is sufficient space);
present evidence and bring witnesses or documents;
examine the documents that the CAO, provider, or agency introduces as evidence; and
cross-examine witnesses for the CAO, provider, or agency.
Request a subpoena from the ALJ for the production of evidence or witnesses and request the names of the witnesses of the Department.
55 Pa. Code § 275.3(a) 7 CFR 273.15(o) 7 CFR 273.15(p)
The following is the order of the hearing proceedings:
1. ALJ's statement.
Purpose;
Hearing procedures;
Who is the deciding authority; and
How individual will learn of the decision.
2. Swearing in of the witnesses.
3. Individual's statement of the issue.
4. CAO's presentation, including:
Who is included in the household;
Type and category of assistance;
Amount and computation of the benefit, including the computation of income and resources;
Chronological summary of the incident which resulted in the adverse action;
Exhibits - photocopies of any documentary evidence used to justify CAO action. For example: paystubs, PA/FS notices, notices from other agencies, etc.; and
Citation and summary of any regulations supporting the action(s).
5. Testimony from witnesses for the CAO. Witnesses are other individuals who will attest to the events presented by the CAO, including the individual who prepared a report, or an employer.
6. Individual's cross-examination.
7. Individual's presentation.
8. Testimony from witnesses for the individual.
9. CAO's cross-examination.
10. ALJ's examination of witnesses.
NOTE: The ALJ may question any witness or party at any time.
11. CAO's summary.
12. Individual's opportunity to comment or end testimony.
13. ALJ closes the hearing.
NOTE: The ALJ may at this point issue a Bench decision, and orally give his or their decision, to be followed-up in writing within five business days.
All briefs and exhibits must be presented at the hearing. If either the CAO or the individual wants to present additional information, the ALJ may allow the hearing record to remain open for five working days. The desire for additional time shall be communicated to the ALJ at the hearing. Copies of any information introduced after the hearing are given to the ALJ, individual, individual's representative, and the CAO or agency involved. If the individual needs to obtain information from a third party, they may have the five days extended to 30 days by providing an affidavit that the information is being requested from a third party, causing the delay.
55 Pa. Code § 275.4(g)(2) 7 CFR 273.15(m) 7 CFR 273.15(p)
Updated September 19, 2024; replacing July 25, 2013