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SNAP CERTIFICATION MANUAL – SECTION 16000 16500 The Administrative Hearing Process 16514 Continuation of Benefits

 NOTE: DHS employees will be expected to attend hearings and testify without being subpoenaed. The Office of Appeals and Hearings will notify DHS employees of the time and place of the hearing by memorandum. The Office of Appeals and Hearings will notify the household of its right to subpoena witnesses. Following review of the hearing file, the household will notify the Office of Appeals and Hearings of any individuals who must be subpoenaed on the household’s behalf. When the administrative hearing file is submitted, the county office must advise the Office of Appeals and Hearings of any witnesses to be subpoenaed to testify on behalf of the county office. The Office of Appeals and Hearings will notify the county office of any witnesses the household has requested to be subpoenaed. The county office will have five days from receipt of this notice to request subpoenas for rebuttal witnesses. The Department of Human Services, Chief Counsel, will issue the subpoenas, pursuant to the terms of agreement and authority of Ark. Code Ann. 20-76-103.

16514 Continuation of Benefits SNAP Manual 12/01/00 A household’s SNAP benefit amount may be continued at the same amount pending the administrative hearing decision if the household is currently certified; and the request was made within 10 days of the date the notice of action was issued. (This includes notices of adverse action sent at least 10 days prior to the effective date of action and adequate notices sent at the time the action is taken.) Both the Appeal for Fair Hearing (DHS-1200) and the manually issued Notice of Action (DCO-1) provide a space for the household to indicate whether or not benefits should be continued. If the household does not specifically waive continuation of benefits, the Office of Appeals and Hearings will assume that continuation is desired. If an administrative hearing and continuation of benefits is requested during the 10-day advance notice period, the household’s SNAP benefits will be continued on the basis authorized immediately prior to the notice. If an administrative hearing with continuation of benefits is requested during the 10-day period following the issuance of an adequate notice of action, the household’s SNAP benefit amount must be reinstated to the basis authorized immediately prior to the notice. Reinstatement must occur within 5 working days of the receipt of the hearing