Legal Aspects – Table of Contents

0130.020.40 EU’s Examination of Documents

The EU, and anyone representing them, has the right to examine the EU’s case record. If the representative is not an attorney or authorized representative, the EU must sign a written statement to allow the individual to review information in the record. An attorney must provide an entry of appearance, representation agreement, or other documentation to show they are the attorney of record.

NOTE: Federal regulations at 7 CFR 271.2(c)(3) allows the FSD to withhold from an EU confidential Food Stamp case information, like the name of someone reporting fraud or the status of a criminal case. Any confidential information removed from the casefile may not be presented at the hearing and must not be made available to the hearing officer who will decide the issue.

An EU has the right to have FSD staff photocopy, free of charge, all documents the EU would like to introduce as an exhibit at the hearing.

The FSD must provide the EU and their representative copies of exhibits before the hearing and/or on the hearing date.