Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

§ 292.26 Hearing procedure for families and Summer EBT agencies. ( a ) Each Summer EBT agency must establish a fair hearing procedure that is applicable to the State or ITO program as a whole. Fair hearing procedures must: ( 1 ) Allow a household to appeal, within 90 days after the end of the summer operational period, a decision made with respect to: ( i ) ( A ) An application the household has made for Summer EBT benefits;
( B ) A streamlined certification for Summer EBT benefits; or
( C ) A verification process or procedure.
( ii ) Any adverse action taken against the household by the Summer EBT agency.
( 2 ) Require the State to provide a household with back-benefits for Summer EBT if the fair hearing determines that the Summer EBT agency erroneously failed to issue such benefits in the correct amount to an eligible family, an administrative disqualification for intentional Program violation was subsequently reversed, or if there is a statement elsewhere in this part specifically stating that the household is entitled to restoration of lost benefits.
( b ) In response to an appeal, the Summer EBT agency may defend its initial decision to deny the eligibility of the child for Summer EBT benefits or take an adverse action against a household. The fair hearing procedure must provide for both the household and the Summer EBT agency: ( 1 ) A simple, publicly announced method to make an oral or written request for a hearing;
( 2 ) An opportunity to be assisted or represented by an attorney or other person;
( 3 ) An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal;
( 4 ) That the hearing must be held with reasonable promptness and convenience, and that adequate notice must be given as to the time and place of the hearing;
( 5 ) An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference;
( 6 ) An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses;
( 7 ) That the hearing must be conducted and the decision made by a hearing official who did not participate in making the decision under appeal or in any previously held conference;
( 8 ) That the decision of the hearing official must be based on the oral and documentary evidence presented at the hearing and made a part of the hearing record;
( 9 ) That the parties concerned and any designated representative must be notified in writing of the decision of the hearing official;
( 10 ) That a written record must be prepared with respect to each hearing, which must include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official; and
( 11 ) That the written record of each hearing must be preserved for a period of 3 years and must be available for examination by the parties concerned or their representatives at any reasonable time and place during that period.
( 12 ) That the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The Summer EBT agency must promptly schedule a fair hearing, if requested.
( 13 ) Any communication with households related to fair hearings must be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and guardians can understand.