Current through Register Vol. 48, No. 3, March 22, 2024
A. This section
applies to any claims under the Family Independence and Food Stamp Programs,
Administrative Disqualification Hearings and Electronic Benefit
Transfers.
B. These hearings shall
be conducted by use of the telephone, with the client and the caseworker
situated in the client's county of residence and the hearing officer situated
in the State Office, unless:
(1) The client
requests a face-to-face hearing;
(2) The hearing officer determines that a
face-to-face hearing is necessary.
C. Family Independence and Food Stamps
(1) Procedure
(a) Requests for hearing must be filed with
the caseworker or the OAH within sixty (60) days of notice of the adverse
action for Family Independence and within ninety (90) days of notice of the
adverse action for Food Stamps.
(b)
The three-member hearing committee shall be composed of a hearing officer and
two members, designated by the State Director of the Department of Social
Services, who have appropriate program knowledge.
(c) Decisions are based upon a majority vote.
All reasonable efforts will be made to reach a decision acceptable to all panel
members in accordance with Federal and State laws and regulations.
(d) A client is not entitled to a hearing of
a reduction in benefits if said reduction results from federal or state law
that affects the amount of benefits all recipients receive.
(2) Continuation of Benefits
Pending Appeal
(a) Family Independence - a
claimant/petitioner may request continued benefits if he or she requests a
hearing within ten (10) days of receipt of notice of the adverse
action.
(b) Food Stamps
(i) Food stamps shall be continued if:
(a) the claimant requests the hearing within
the advance notice period;
(b) the
case would be open if the adverse action had not been initiated.
(ii) Cases that closed because the
certification ended are not eligible for continued benefits.
(iii) A claimant can elect to refuse
continued benefits.
(c)
Continued benefits under the Food Stamp and Family Independence programs are
subject to recoupment without additional appeal rights, if the decision becomes
final and is not in the claimant's favor.
(3) A final decision on food stamp
eligibility appeals shall be rendered and mailed to the parties within sixty
(60) days of the date the appeal was filed.
D. Administrative Disqualification Hearings
(ADH) and Electronic Benefits Transfer (EBT) Hearings
(1) Purpose
The purpose of these hearings is to determine whether the
client willfully intended to deceive the department and to impose a
disqualification if such intent is found.
(2) Procedure
(a) A hearing can be requested by either the
client or a claims worker or other authorized departmental representative when
the client refuses to discuss the issue or declines to sign an Administrative
Consent Agreement ("ACA"), wherein the client accepts the Department's
determination of disqualification and agrees to reimburse the over issuance of
benefits, if any.
(b) The request
shall conform to the requirements set forth in Section
114-130(B).
(c) The hearing may take place in the
client's absence.
(d) The hearing
officer shall be the sole decision maker.
