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 181-4-005 - TIME LIMIT FOR REQUEST
Current through September 17, 2024
Adverse actions shall follow appropriate timelines as described below.
005.01 PERIOD FOR REQUESTING A HEARING. An applicant or participant who has been notified of adverse action may request a fair hearing before the Department as provided in 7 CFR Part 246.9 or 247.33 as applicable.
005.02 DENIAL OR DISMISSAL OF REQUEST. The Department shall not deny or dismiss a request for a fair hearing except as provided in 7 CFR Part 246.9 or 247.33 as applicable.
005.03 CONTINUATION OF BENEFITS. A participant who appeals a disqualification notice before the disqualification takes effect shall continue to receive program benefits until the hearing official reaches a decision or the certification period expires, whichever occurs first. A participant whose certification period has expired or who becomes categorically ineligible may not receive benefits after the certification period has ended. An applicant either at initial certification or whose certification has expired or has become categorically ineligible during the certification period may not receive benefits during the hearing process.
005.04 TIMING OF NOTICE AND HEARING. The Department shall set the date, time, and place of the hearing within seven (7) calendar days after it receives a request for a fair hearing.
