APPLICANT’S APPEAL RIGHTS

The Department of Energy and Environment, Arkansas Energy Office’s (AEO) policy for hearings is in compliance with 42 U.S. Code § 8624(b)(13), also known as the Low-Income Home Energy Assistance Act of 1981 (LIHEAP). Weatherization Assistance Program (WAP) appeals will be handled according to the policy in the WAP Subgrantee Operations Manual. LIHEAP Assurance 13 requires that AEO (the Grantee) “provide an opportunity for a fair administrative hearing to individuals whose claims for assistance… are denied or are not acted upon with reasonable promptness.” Based on Assurance 13, AEO acknowledges that the following are reasons that applicants can file an appeal: • The household is determined ineligible for services based on the eligibility criteria for the program, • The benefit amount is less than anticipated, or • The benefit is delayed because the Subgrantee did not process the application as quickly as policy requires. An applicant may file an appeal if the applicant’s claims for assistance under the Low-Income Energy Assistance Program (LIHEAP) program are denied or are not acted upon with reasonable promptness. During any phase of the appeals process, the applicant may designate a representative to assist them. An applicant may designate a representative to speak on the applicant’s behalf through a written statement, which includes statements made on the Request for Appeal Hearing form. Upon request for legal counsel, the Subgrantee or AEO will refer applicants to Legal Aid, Arkansas Legal Services (www.arlawhelp.org), or other resources within the community.

Subgrantee or Contractor (Subgrantee) must inform applicants of the appeals and hearing process verbally and in writing. They may inform an applicant of their right to appeal by: • Providing onsite postings of the appeals and hearing process, • Verbally explaining the process to the applicant at the time of application, • Providing the information in other languages spoken by applicants, when necessary, • Ensuring that the appeals and hearing information is included with the application as well as any other effective place such as the agency website. The Subgrantee must also inform the applicant in writing that a written complaint may be submitted to its office within thirty (30) calendar days of receiving notification of a decision about the application, and the Subgrantee must inform the applicant that a written statement or Request for Appeal Hearing may be submitted to AEO within thirty (30) calendar days of receiving notification of a decision about the application. A formal appeal can be submitted to AEO in two ways: 1. In writing using the Request for Appeal Hearing form, or 2. By written statement that includes an explanation of the action(s) taken by the applicant and by the Subgrantee concerning the application. If received by the Subgrantee, the appeal will be sent by the Subgrantee to AEO within five (5) business days.

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 REQUEST FOR A FAIR ADMINISTRATIVE HEARING When AEO provides its resolution in writing to the applicant and the Subgrantee, AEO will provide information regarding a request for a Fair Administrative Hearing (formal hearing). AEO will inform the applicant that the request for a hearing must be received by AEO no later than thirty (30) calendar days from the date of disposition in question. Click HERE for the applicable form.