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SNAP CERTIFICATION MANUAL – SECTION 16000 16500 The Administrative Hearing Process 16537 Judicial Review

4. The household’s right to a judicial review of the hearing decision and that this review may result in a reversal of the decision Hearing decisions adverse to the household are sent by certified mail, return receipt requested, to insure that timely filing for judicial review may be ascertained.

16537 Judicial Review SNAP Manual 12/01/00 Households not satisfied with an administrative hearing decision have the right to judicial review under the Administrative Procedures Act. The household must file a petition in the circuit court of the county where the household lives or does business or in Pulaski County within 30 days from the date the household received the administrative hearing decision. Copies of the petition are served on DHS and other parties of record by personal delivery or mail. Within 30 days from the date of the service of the petition on DHS (or additional time granted by the court, not to exceed 90 days total), the Office of Chief Counsel must transmit to the court the original or a certified copy of the entire record of the hearing under review. The review will be conducted by the court without jury and will be confined to the record unless a question of irregularity in procedure exists but is not indicated in the record. Testimony may then be taken before the court.

16540 County Office Responsibilities upon Receipt of Final Decision SNAP Manual 12/01/00 The county office will take prompt action to implement decisions from the Office of Appeals and Hearings and assure that the decision is reflected in the household’s SNAP benefit amount within the 60 days from the date the hearing was requested.

16541 Decisions Which Uphold the Household SNAP Manual 12/01/00 When the administrative hearing decision upholds the household, certain actions must be taken within the 60-day administrative hearing processing period. 1. For Households Currently Certified