16 Del. Admin. Code § 5000-5403 - Providing Documents to Appellants

45 CFR 205.10(13), 7 CFR 273.15(p)(1), 42 CFR 431.242

This policy applies anytime an appellant or his or her representative requests a fair hearing.

1. Appellants May Examine Case Records and Documents

Prior to the hearing, the appellant and his or her representative will have adequate opportunity to examine all documents and records to be used by the State agency or its agent at the hearing. He or she may also examine his or her case records.

2. Staff Must Provide Case Records in a Timely Manner

Staff must make case records available to the appellant within 5 working days of the request. If copies of documents are requested for the hearing, they will be provided at no cost. For expedited resolution requests, case records must be made available within 1 working day of the receipt of the appeal.

Exception: Staff must not release confidential information, such as 1. the names of individuals who have disclosed information about the household without its knowledge 2. the nature or status of pending criminal prosecutions

Notes

16 Del. Admin. Code § 5000-5403

15 DE Reg. 86 (07/01/11)
16 DE Reg. 419 (10/01/12)