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Right to a Fair Hearing

STANDARD HEARING PROCEDURES


I. Following the investigation of a complaint/grievance or denial/modification/termination of services clients are provided with their written determination of their complaint/grievance or appeal the information on requesting a hearing to further investigate their appeal should they want to request further investigation.


II. The client has ten (10) days from the date of their written determination of their complaint/grievance or appeal to submit a written request for a hearing before the Executive Director or the Appointed Designee.


III. Upon receiving the written request for a hearing, the Executive Director or the Appointed Designee will schedule a hearing within then (I0) days of the request.


IV. The hearing will be informal.


V. The Executive Director or the Appointed Designee has discretion as to how the evidence is submitted and in which order testimony is taken.


VI. The client has the specific rights to

  • A representative at the hearing

  • Present notarized written and oral statements, and other evidence

  • Bring witnesses and cross-examine.

  • To bring an interpreter to the hearing or have one provided.\

VII. The Executive Director or the Appointed Designee will issue a decision within ten (I0) working days. The decision will state the issue, the finding of fact, and a conclusion as supported by the facts. The decision will be mailed to the client by certified mail; and emailed to OHCS


VIII. If the claimant is dissatisfied by the decision, he/she has the right to have the decision appealed to the Executive Committee of Oregon Coast Community Action Board of Directors. This must be done within ten (I0) days after the date the decision was received.

X. The Executive Committee will schedule a hearing within then (I 0) days after the receipt of the hearing request.


XI. The hearing will be held DE NOVO, that is, the Executive Committee will hear the issue without consideration of the previous decision. They will determine the order in which testimony and documents are submitted. All documents will be given to the Executive Committee for consideration. This hearing will be tape recorded to provide a record of the proceedings.


XII. The Executive Committee will render a written decision within ten (10) days that includes the issue, the finding of facts, and a conclusion. The Executive Committee may affirm the Executive's Director's or the Appointed Designee's decision without comment. The decision will be mailed to the client by certified mail; and emailed to OHCS.

 


CERTAIN PROGRAMS HAVE THEIR OWN HEARING PROCESS WHICH MAY DIFFER FROM THE STANDARD COMMUNITY ACTION PROCEDURE, FOR EXAMPLE, THE LOW-INCOME ENERGY ASSISTANCE PROGRAM [LIEAP].


HEARING REQUEST FORMS AND THE STANDARD HEARING PROCEDURES ARE AVAILABLE IN THE WITH THE HOUSING, ENERGY, OR WEATHERIZATION DEPARTMENT UPON YOUR REQUEST AS AN APPLICANT WHO HAS BEEN DENIED SERVICES.

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