Fact Sheet No. 3

At your fair hearing, an HRA representative may present the judge with various notices and documents regarding your case (including notices allegedly issued to you by the agency, your case worker's notes from your case file, computer print-outs, and/or any other information the agency believes relevant in its case against you). This information is called the fair hearing evidence packet.

You have a legal right to obtain the fair hearing evidence packet before the fair hearing so that you can understand the case being made against you and properly prepare for the fair hearing. In order to receive the evidence packet, you must make a formal request to HRA. You should therefore ask HRA to send you copies of the evidence packet immediately after you receive your written "Acknowledgment of Fair Hearing Request" which indicates your fair hearing number.
You must make your request at a "reasonable time" (at least 5 days) before the hearing.

The letter should be sent to the Fair Hearing and Conciliation Unit supervisor at your Center, and if the matter involves a work issue, it should also be sent to the OES Fair Hearing Office at 109 East 16th Street, New York, New York.

The best methods of requesting the evidence packet are:

1) Sending a letter mailed with return receipt requested, or

2) Faxing the letter and keeping the confirmation of transmission.

Bring the return receipt and/or confirmation of fax transmission to the fair hearing together with a copy of the request letter so you can prove to the judge that you made the request.

YOU SHOULD WIN YOUR FAIR HEARING
If HRA Fails to Send You a Copy of The Evidence Packet!

If HRA fails to send you a copy of the evidence packet - or if it sends you only part of the information you requested - you should inform the judge at the very beginning of the hearing. Show him/her a copy of your letter and your proof that HRA received your letter (for example, the fax confirmation slip). Also, show the judge this fact sheet. The judge may ask the HRA representative to withdraw the closing or reduction notice issued to you. If the representative refuses to do this, the judge, in a written fair hearing decision, will most likely order the agency to withdraw the notice and provide all retroactive benefits owed to you.