475 NAC 1-007.03D
A fair hearing must be attended by a representative of the local office and the household and/or its representative.
Friends or relatives of the household may attend the hearing, if the household so chooses. The hearing officer has the authority to limit the number of persons in attendance at the hearing if space is limited.
Note: A person accused of an intentional program violation is not required to attend his/her administrative disqualification hearing or to send a representative.
The household or its representative must be given the opportunity to take any or all of the following actions:
1. The household or its representative is entitled to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing. The contents of the case file including the application form and documents of verification used by the local office to establish the household’s ineligibility or eligibility and allotment level must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release. If requested by the household or its representative, the local office must provide one free copy of the portions of the case file that are relevant to the hearing. Confidential information that is protected from release and other documents or records which the household would not otherwise have an opportunity to contest or challenge must not be introduced at the hearing or affect the Department Director’s decision.
2. The household or its representative may present the case or have it presented by legal counsel or another person.
3. The household or its representative is entitled to bring witnesses.
4. The household or its representative may advance arguments without undue interference.
5. The household or its representative is entitled to question any testimony or evidence. This includes having an opportunity to cross-examine adverse witnesses.
6. The household or its representative is entitled to submit evidence to establish all pertinent facts and circumstances in the case.