Committee asks agency to convene stakeholders, produce fair‑hearing process report by Dec. 15

A legislative committee agreed during a working session to ask the agency that supports the Human Services Board to convene stakeholders and deliver a process‑improvement report on fair‑hearing procedures by Dec. 15, the committee said.

The committee said the agency offered to lead the work and to bring together the Human Services Board, departments, advocates and other stakeholders to identify short‑term upgrades and longer‑term system changes. Katie (staff member) told members the Attorney General’s Office will be present to testify at the committee’s next meeting: “they are happy to testify, but they weren't able to be here this afternoon. So I believe that they're going to be here tomorrow,” Katie said.

Why it matters: committee members said recurring patterns in board decisions, inconsistent data collection across departments and unclear guidance for appellants have created delays and repeated hearings. They framed the report as a vehicle to identify administrative efficiencies, common findings that might be addressed before full board hearings, and steps to make the appeals process more accessible to people without legal representation.

Committee discussion and scope

Representative Arefano (Representative) and committee members reviewed a draft bill identified as H‑92 and an agency offer to produce recommendations. Members agreed the work has two related pieces: (1) near‑term upgrades to guidance and materials that appellants receive, and (2) a convening and system evaluation that could lead to more structural policy changes next year. The committee asked the agency to outline the process for each department that brings cases to the Human Services Board, identify fiduciary responsibilities that affect procedures, and recommend uniform data elements and collection methods across departments.

The group discussed that some improvements can be implemented quickly (for example, updating plain‑language guidance and making existing materials more user‑friendly) while others would require a coordinated, stakeholder‑led plan. Several members pointed to examples such as short explainer pages and linked videos used elsewhere as models for materials that can help appellants understand what to expect before a hearing.

Report timing, deliverables and follow‑up

The agency offered to submit a convening and process‑improvement report by Dec. 15; committee members asked for an interim check‑in by May 1 (timing and whether that date is a formal requirement were discussed but not formalized). Katie (staff member) said she will draft a formal letter from the committee outlining the committee’s expectations — the letter will request the agency both upgrade immediately available materials and produce a stakeholder convening and a longer‑term plan. Larry Criss (parent representation) and advocacy groups including Vermont Legal Aid were identified as parties the agency should consult; Criss is expected to submit written testimony for the committee’s record.

Items committee asked the report to address included: - A review of current intake and pre‑hearing processes so data are captured at the point a person requests a hearing rather than only after referral to the Human Services Board; - Identification of administrative efficiencies and process mapping across departments that use the board (members cited repeated board findings as an indicator that earlier system changes might reduce caseload); - Recommendations for uniform data elements and methods for data collection and analysis across departments; - Short‑term updates to guidance and plain‑language materials for appellants, and longer‑term ideas such as videos or infographics to explain the hearing process; and - Training and professional development for agency attorneys and hearing officers (committee discussed whether language about training should appear in the bill or remain in follow‑up work).

Legislative vehicle and next steps

Members debated whether to keep H‑92 moving through the chamber with a limited scope (for example, requiring stakeholder convenings and training) or to rely on the agency’s voluntary report and then draft broader legislation next year from the recommendations. Several members said because the draft did not pass the crossover deadline for full legislative action this year, the letter and the agency‑led convening are the practical way to proceed before next session. The committee asked for the Attorney General’s Office to testify at the next meeting and for the agency to confirm what can reasonably be completed by Dec. 15.

What the committee directed

The group asked Katie (staff member) to draft the formal letter to the agency outlining the expected deliverables and suggested timeline; the agency offered to convene stakeholders and to lead preparation of the Dec. 15 report. Committee members said they expect the agency to consult the Human Services Board, relevant departments, Vermont Legal Aid and other advocates when drafting recommendations. The committee also signaled intent to include, in any bill that eventually advances, provisions for ongoing stakeholder convenings (members discussed semiannual meetings) and training for hearing officers, but members did not adopt final bill language during this session.

What remains unresolved

Members raised several topics for the agency and convening to clarify, including which specific programs and departments should be listed in statutory language and whether appellants can be given a safe opportunity to present a narrative about their case without creating evidentiary problems. The Attorney General’s Office was not present at this session but is scheduled to testify at the next meeting; the committee expects the AG’s office to advise on legal limits around appellant statements and on terminology (for example, consistent use of “appellant”).

Next steps and record

The committee will receive the Attorney General’s Office testimony and written materials from Larry Criss and parent‑representation advocates at upcoming meetings. Katie (staff member) said she will circulate the draft letter to committee members and expects to have a draft available by the next meeting. The committee’s request to the agency is to submit the convening plan and process‑improvement report by Dec. 15 and to flag, as soon as practical, any items it cannot complete by that date so the committee can decide whether to pursue statutory language next session.

Ending — how this may proceed

The committee framed the agency’s offer to lead a stakeholder convening as an opportunity to gather detailed, department‑level information that could inform limited statutory language now and larger legislative changes next year. The panel left open whether H‑92 will move forward in its current form; members said they will use the agency’s Dec. 15 report and the Attorney General’s guidance to decide whether additional bill language is necessary in the next legislative session.