Current through August, 2024
(a) Unless the provisions of subsection (b)
apply, no adverse action shall be taken until a hearing decision is rendered
when a signed written request for a hearing is received from a:
(1) Financial assistance recipient, subject
to reporting as described in chapter 17-650, if the request is received within
ten calendar days from the date of the notice of adverse action to be taken on
the basis of information obtained from the completed report. If the tenth day
falls on a weekend or holiday, the tenth day shall be the working day following
the weekend or holiday;
(2) General
Assistance (GA) or Assistance to the Aged, Blind, or Disabled (AABD) recipient
if the request is received within ten calendar days of the date of notice of
adverse action to be taken on the basis of information secured from sources
other than the report described in chapter 17-650. If the tenth day falls on a
weekend or holiday, the tenth day shall be the working day following the
weekend or holiday; or
(3)
Recipient of financial assistance other than GA or AABD, if the request is
received on or before the last day of the month preceding the effective month
of an adverse action to be taken on the basis of information secured from
sources other than the simplified report as described in chapter 17-650. The
provisions of this paragraph apply only to individuals entitled to timely
notice as specified in chapter 17-649. If the last day of the month falls on a
weekend or holiday, the last day shall be the working day following the weekend
or holiday.
(b) When a
signed written request for a hearing is received within the periods specified
in subsection (a), no adverse action shall be taken until a hearing decision is
rendered, unless:
(1) The claimant withdraws
or abandons the request for hearing as specified in section
17-602.1-9;
(2) A determination is
made at the hearing that the sole issue involved is one of state or federal law
or policy, or change in state or federal law and not one of incorrect grant
computation;
(3) Another change
affecting the claimant's grant occurs during the hearing process and the
claimant fails to request a hearing after notice of the change;
(4) The recipient specifically requests not
to receive continued assistance pending a hearing decision;
(5) The household is ineligible due to
receipt of a total of sixty calendar months of assistance under the aid to
families with dependent children (AFDC) program as specified in section
17-656.1-3;
(6) The issue involved
is a change in monthly assistance allowance as specified in 17-678-3.01, and
not one of incorrect grant computation;
(7) The household is ineligible due to
receipt of a total of four months of assistance under the grant diversion
program as specified in section 17-656.2-33;
(8) The household is ineligible for a Grant
Diversion payment due to non-compliance with participation
requirements;
(9) The household is
ineligible due to receipt of a total of sixty months of assistance under the
employment subsidy program as specified in section 17-656.2-8; or
(10) The household is denied eligibility for
the following non-assistance programs:
(A)
Grant+ program;
(B)
Self-sufficiency program;
(C)
Supporting employment empowerment program; or
(D) Employment bonus program.
(c) The department
shall promptly notify the claimant in writing if assistance is to be reduced or
discontinued pending the hearing decision for reasons, specified in subsection
(b), other than withdrawal or abandonment of the request by the
claimant.
(d) If, while receiving
aid paid pending, the claimant:
(1) Becomes
eligible for additional assistance, payment shall be increased; or
(2) Provides a written request for but is
denied additional assistance, aid paid pending shall continue and a notice of
the denial shall be provided. The notice shall include a statement of the
denial, reason for the denial, specific rule supporting the denial, and the
person's right to appeal the decision.
(e) In any case where only adequate notice is
required, if the recipient requests a hearing within ten calendar days of the
mailing of the adequate notice of the action, assistance shall be reinstated
and continued until a decision is rendered after the hearing unless:
(1) Action was due to application of state or
federal law or policy or a change in state or federal law;
(2) The recipient refuses to submit a report
as described in chapter 17-650 by department's deadline;
(3) The recipient fails to submit a completed
report as described in chapter 17-650 by department's deadline; or
(4) The recipient specifically requests that
continued assistance not be paid pending the hearing decision.
If the tenth day falls on a weekend or holiday, the tenth
day shall be the working day following the weekend or holiday.
