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SNAP CERTIFICATION MANUAL – SECTION 16000 16900 Appeal Rights After the Hearing 16910 Judicial Review

16900 Appeal Rights After the Hearing

SNAP Manual 12/01/00 No further administrative appeal procedure exists after an adverse decision through an administrative disqualification hearing. Another administrative disqualification hearing cannot reverse the determination of an IPV resulting from an administrative disqualification hearing. The household member is, however, entitled to seek relief in a court having appropriate jurisdiction since the period of disqualification may be subject to change through a court decision.

16910 Judicial Review SNAP Manual 12/01/00 An individual found guilty of an IPV through an administrative disqualification hearing has the right to judicial review. Within 30 days from the date the petitioner received the decision a petition must be filed in the circuit court of any county in which the petitioner lives or does business or in the circuit court of Pulaski County. Copies of the petition are served on the Agency and other parties of record by personal delivery or mail. Within 30 days from the date of the service of the petition on the agency or additional time granted by the court, not to exceed 90 days total, DCO must transmit to the court, the original or a certified copy of the entire record of the hearing under review. The review shall be conducted by the court without jury and will be confined to the record unless a question of irregularity in the procedure exists which is not indicated in the record. Testimony may then be taken before the court.

16920 Reversed Disqualifications SNAP Manual 12/01/00 In cases where the conviction of an individual for IPV is reversed by a court of appropriate jurisdiction, DCO will reinstate the individual in the Program if the household is otherwise eligible. Benefits that were lost as a result of the disqualification will be restored in accordance with the procedures specified in SNAP 13330. If an administrative disqualification hearing decision is reversed, the county office will be advised so that any disqualification can be ended.