Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 181 - SPECIAL HEALTH PROGRAMS
Chapter 4 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC PROGRAM) AND THE COMMODITY SUPPLEMENTAL FOOD PROGRAM (CSFP) FAIR HEARING PROCEDURES
Section 181-4-003 - RIGHT OF FAIR HEARING

Universal Citation: 181 NE Admin Rules and Regs ch 4 § 003

Current through September 17, 2024

The Department shall grant the right of fair hearing whenever an applicant or a participant is the subject of an adverse action by a local agency.

003.01 NOTICE OF APPEAL RIGHTS. The local agency taking the adverse action shall inform each applicant or participant in writing of the adverse action and include the information required by 7 CFR 246.9 or 247.33 as applicable. In the event a participant is disqualified or a claim is made for cash repayment, notification of such action shall be given at least (15) days before the effective date of the adverse action. In the event of dual participation in more than one program, the adverse action is effective immediately.

003.02 REQUEST FOR HEARING. The local agency shall not limit or interfere with the applicant or participant's freedom to request a hearing.

003.02(A) REQUEST SUBMISSION. The request for a fair hearing shall be submitted to the local agency and then transmitted to the Department or may be submitted directly to the Department. The Local Program Director is responsible for sending the request to the Department.

003.02(B) REQUEST FORMAT. The request for hearing shall be signed by the applicant, the participant, or the applicant or participant's parent, caretaker, or other representative, and shall contain sufficient information to identify the applicant or participant and the adverse action regarding for which the request is being made. No particular written form shall be required. The local agency or the Department shall put the request for a hearing in writing, if necessary.

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