4 - UPDATE_TO_HCV_ADMIN_PLAN_202012-01

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The family must forward to the designated USCIS office any additional documentation or written explanation in support of the appeal. This material must include a copy of the USCIS document verification request (used to process the secondary request) or such other form specified by the USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration status verification results. The USCIS will notify the family, with a copy to SAHA, of its decision. When the USCIS notifies SAHA of the decision, SAHA must notify the family of its right to request an informal hearing. SAHA Policy SAHA will send written notice to the family of its right to request an informal hearing within 14 days of receiving notice of the USCIS decision regarding the family's immigration status. Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may request that SAHA provide a hearing. The request for a hearing must be made either within 30 days of receipt of SAHA notice of denial, or within 30 days of receipt of the USCIS appeal decision. The informal hearing procedures for applicant families are described below. Informal Hearing Officer SAHA must provide an informal hearing before an impartial individual, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision. See Section 16-III.C. for a listing of positions that serve as informal hearing officers. Evidence The family must be provided the opportunity to examine and copy at the family's expense, at a reasonable time in advance of the hearing, any documents in the possession of SAHA pertaining to the family's eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements), including any records and regulations that may be relevant to the hearing. SAHA Policy The family will be allowed to copy any additional documents that were not included in SAHA's hearing packet mailed to the family. The City of Santa Ana's current copy rate will be used which is currently $.20 per page. The family must request discovery of SAHA documents no later than three the business days prior to the hearing. The family must be provided the opportunity to present evidence and arguments in support of eligible status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The family must also be provided the opportunity to refute evidence relied upon by SAHA, and to confront and cross-examine all witnesses on whose testimony or information SAHA relies. 4-50