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SNAP CERTIFICATION MANUAL – SECTION 16000 16300 The Household’s Right to Appeal 16310 Requesting the Hearing
16300 The Household’s Right to Appeal
SNAP Manual 12/01/00 At the time of an initial application interview each household must be advised orally of the following information: 1. The household’s right to a hearing, 2. How a household may request a hearing, and 3. That the household may be represented at a hearing by legal counsel, a friend, a relative or any other spokesman. (If there is an individual or organization available that provides free legal representation, the household will be advised of the availability of that service.) A household may request an administrative hearing to appeal any action the household believes has adversely affected its Supplemental Nutrition Assistance Program participation. A household may appeal when an application for SNAP is denied, when SNAP benefits are decreased, when a SNAP case is closed, when SNAP benefits are believed to be inadequate, or when a request for restored benefits is denied. Discrimination complaints will be processed as specified in SNAP 700.
16310 Requesting the Hearing SNAP Manual 12/01/00 A request for a hearing is defined as any clear expression, oral or written, by the household or a representative that the household wishes to appeal a decision or to present its case to a higher authority. The freedom to make such a request must not be hampered in any way. If the household’s appeal is unclear, the Office of Appeals and Hearings may request that the household clarify the grievance. Upon request, DCO must make available, without charge, the specific materials necessary for a household or a representative to determine if a hearing should be requested or to prepare for a hearing. County office personnel will issue an Appeal for Fair Hearing, (DHS-1200) to households expressing an interest in an administrative hearing. County office personnel will assist the household to complete the DHS-1200 if such assistance is requested. (The county may document verbal requests for a hearing on a DHS-1200.) A household may also request an administrative hearing by sending a letter to the Office of Appeals and Hearings or by completing the back of a manually issued Notice of Action (DCO-1).