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SNAP CERTIFICATION MANUAL – SECTION 16000 16500 The Administrative Hearing Process 16515 Continuation on Semi Annual Reporting Cases
request. A supplemental issuance must be authorized when necessary. (See SNAP 13200 for instructions on authorizing supplemental benefits.) Unless one of the following situations occurs, the continued benefit level will not be changed. 1. If the household’s certification period expires the household must reapply and be determined eligible based on current circumstances. SNAP benefits will be issued on the basis determined at recertification. 2. If a change that affects the household’s eligibility or benefit amount occurs, the household’s eligibility and SNAP benefit amount must be recalculated based on the change in circumstances. If the change results in case closure or a reduction in benefits, a notice of adverse action must be issued. Unless the household requests another hearing based upon the action specified in this notice, the change will be made when the 10-day advance notice period expires. 3. If a mass change that affects the household occurs, the change will be made regardless of the status of the administrative hearing request. NOTE: At a mass change, participation at the prior level will be reinstated only if an administrative hearing is requested based upon the change and the issue being contested is that the SNAP benefit amount was incorrectly calculated or that federal law or regulation was misapplied or misinterpreted by DCO. 4. When a hearing officer makes a preliminary finding that the sole issue is based on federal law, regulation or policy and that DCO has not incorrectly calculated the budget or misapplied or misinterpreted the policy, the household’s case will be closed or the SNAP benefits will be reduced as specified in the notice of action. (The hearing officer will notify the DHS county office in writing of this decision.) If a hearing request is not made within the specified 10-day period, the SNAP benefits will be reduced or terminated as stated unless the household establishes that failure to request a hearing within the specified time was for good cause. The Office of Appeals and Hearings will determine good cause. If good cause is established, DCO must reinstate benefits to the prior basis.
16515 Continuation on Semi-Annual Reporting Cases SNAP Manual 10/01/03 Households subject to semi-annual reporting have 10 days from the date the automated notice of adverse action was mailed to request an administrative hearing and continuation of benefits.