Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 2 - PROGRAM UNIVERSALS
Section 465-2-001 - Client Rights
Current through March 20, 2024
Each applicant for, or client of any program(s) administered by the Nebraska Department of Social Services has the following rights:
1. To receive action on his/her application for benefits within 45 days (for expedited food stamps see 475 NAC 2-004.01);
2. To have his/her information treated confidentially (see 465 NAC 2-005);
3. To receive adequate notice of any action affecting his/her application or case;
4. To receive equal protection under the law. No person may be discriminated against on the basis of race, color, national origin, sex, age, handicap, religion, or political belief;
5. To have program requirements and benefits fully explained;
6. To receive assistance in the application process from a person of his/her choice;
7. To be referred to other human service agencies;
8. To apply for assistance or services (see 465 NAC 2-001.01); and
9. To appeal to the Director for a fair hearing (see 465 NAC 2-001.02).
001.01 Right to Apply:
Anyone who wishes to request or apply for any Nebraska Department of Social Services program must be given the opportunity to do so without delay.
001.02 Right to Appeal:
Every applicant for or recipient of assistance or services provided through the Nebraska Department of Social Services has the right to appeal any action, inaction, or failure to act with reasonable promptness with regard to the assistance or services. The individual may appeal because -
Exception: The client is not entitled to a fair hearing when either state or federal law requires automatic case adjustments for classes of clients unless the reason for an individual appeal is incorrect eligibility determination.
If the client submits a request for a hearing within ten days following the date the notice is mailed, the staff shall not take the adverse action until a fair hearing decision is rendered.
If the client submits a request for a hearing within ten days following the date the notice is mailed, the client must be allowed an opportunity to decline receipt of continued assistance pending the appeal decision.
The hearing must be scheduled not less than one week nor more than six weeks from the date of the request, unless the time is waived by the petitioner. (See 468 NAC 6-012.01 Emergency Assistance appeals.) The letter must include a detailed explanation of the petitioner's rights and duties at the hearing (see 465 NAC 6-000).
