How Does the Local Agency Request a Hearing?

The local agency must send a written request to the Appeals and Fair Hearings (AFH) Unit, which is located at 5600 Cox Road, Glen Allen, Virginia 23060.

The request must include:

• The person’s name and other identifying details
• A short summary of what the person is being accused of
• A short summary of the evidence
• Copies of any documents that support the accusation
• Proof that the person was offered a waiver but didn’t sign it
• A signature and date from the supervisor or local agency director

While waiting for the hearing:

• The person continues receiving benefits
• They are not disqualified unless found guilty
• The agency may still make changes for other valid reasons (for example, if paperwork is not returned or the person moves)

How Is the Hearing Scheduled?

Once the local agency sends the request to the Appeals and Fair Hearings Unit, the case is given to a hearing officer who will schedule the case with the local agency.

• The hearing officer will send the person a written notice of the hearing at least 30 days before the hearing.
• The notice will include:
  • The date and time of the hearing
  • Telephone number to call to join the hearing
  • A summary of the evidence and where it can be looked at
  • A warning that the decision will be only based on the local agency’s information if the person does not join the hearing
  • The person’s rights
  • The statement that an ADH does not stop the state or federal government from taking the person to court or trying to get back any extra benefits.
  • Information about free legal help

Can the Hearing Be Postponed?

Yes. The person can ask to delay the hearing, but they must do so at least 10 days before the scheduled date. The delay can’t be longer than 30 days.

What If the Person Doesn’t Show Up?

• The hearing can still happen without them.
• If they show good reason within 10 days for missing it (like not getting the notice), a new hearing can be scheduled.
• If the hearing officer decides that the person committed an IPV, but the person later provides good cause for not appearing, the decision will be cancelled and a new hearing will be scheduled.

What Happens at the Hearing?

Only people involved in the case can attend.

During the ADH, the hearing officer will:

• Say who is present and record their names
• Tell the person they don’t have to answer questions and anything they say or sign can be used in court
• Explain the process and further appeal rights
• Review all facts and evidence collected, even if the person is absent
• Decide if the person broke the rules on purpose based on clear and convincing evidence
• Make sure the hearing is respectful and orderly and follows due process
• Make a decision 90 days after the local agency’s request

Rights of the Person Accused

They have the right to:

• Look at all the documents and records before and during the hearing
• Speak for themselves or have a lawyer or someone else speak for them
• Bring witnesses
• Share their side without being pressured
• Ask questions and challenge any evidence or witness
• Show their own proof and explain what happened

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