358-3.4 Rights in the fair hearing process. As an appellant you have the right:
(a) to the continuation or reinstatement of your public assistance,
medical assistance authorization, food stamp benefits or services until the issuance of a
decision in your fair hearing, to the extent authorized by section 358-3.6 of this Part.
You have the right to request that your assistance, benefits or services not be continued
or reinstated until the fair hearing decision is issued;
(b) to examine your case record and to receive copies of documents in
your case record which you need to prepare for the fair hearing, upon your request, to the
extent authorized by and within the time periods set forth in section 358-3.7 of this
Part;
(c) to examine and receive copies of all documents and records which
will be submitted into evidence at the fair hearing by a social services agency, upon your
request, to the extent authorized by and within the time periods set forth in section
358-3.7 of this Part;
(d) to the rescheduling (adjournment) of your hearing, to the extent
authorized by section 358-5.3 of this Part;
(e) to be represented by an attorney or other representative at any
conference and hearing, or to represent yourself;
(f) to have an interpreter at any fair hearing, at no charge to you, if
you do not speak English or if you are deaf. You should advise OAH prior to the date of
the fair hearing if you will need an interpreter;
(g) to appear and participate at your conference and fair hearing, to
explain your situation, to offer documents, to ask questions of witnesses, to offer
evidence in opposition to the evidence presented by the social services agency and to
examine any documents offered by the social services agency;
(h) to bring witnesses to present written and oral evidence at any
conference or fair hearing;
(i) at your request to the social services agency, to receive necessary
transportation or transportation expenses to and from the fair hearing for yourself and
your representatives and witnesses and to receive payment for your necessary child care
costs and for any other necessary costs and expenditures related to your fair hearing;
(j) to have the fair hearing held at a time and place convenient to you
as far as practicable, taking into account circumstances such as your physical inability
to travel to the regular hearing location;
(k) to request removal of a hearing officer in accordance with section
358-5.6 of this Part; and
(l) to seek review by a court if the decision is not in your favor.