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have adequate time to prepare for the hearing. However, the applicant/recipient may request or agree to less advance notice to expedite the scheduling of the hearing.

Request Postponement of Hearing 7.4.4 ALL The household may request and is entitled to receive a postponement of a scheduled hearing. In the case of Food Stamps, postponement shall not exceed 30 days.

Continuation of Benefits Pending Fair Hearing Determinations 7.4.5 ALL Under certain circumstances, if a recipient requests a fair hearing within specified time frames; adverse actions cannot become effective pending the outcome of the appeal. The SSR shall not permit the adverse action to become effective if the following criteria are met: • the recipient requests the fair hearing before the effective date of the adverse action or within 15 days of the postmark date on the notice of adverse action, whichever is later; and • in the case of FS (but not Medicaid), the certification period has not expired. Benefits shall be continued at the previous level unless the recipient specifically waives continuation of benefits. The SSR shall implement the adverse action, only if a recipient requests in writing that the adverse action be allowed to take effect pending the outcome of the appeal. If the department's action is upheld by the hearing decision, any benefits paid to the recipient to which he was not entitled must be recovered (see Chapter 6: Overpayment and Underpayment in this Part.) Example 1 Ms. James and her two children receive Medicaid. On November 22, she is sent a notice of adverse action indicating that her Medicaid benefits will be terminated effective January 1 because she has moved from DC. On December 23, Ms. James contacts the SSR and requests a fair hearing. Ms. James's MA certification period expires March 1. Ms. James's Medicaid cannot be terminated Example 2 Mr. Hamilton receives FS. On October 3, he is sent a notice indicating that his FS benefits will be terminated effective November 1 for failing to comply with FSET requirements. Mr. Hamilton contacts the SSR on November 10 and requests a fair hearing. Mr. Hamilton is entitled to a fair hearing, but he will not continue to receive FS benefits pending the outcome of the appeal because the effective date of the action has passed. ESA may reduce or terminate benefits while a fair hearing is pending if: • a mass change occurs that affects the group’s eligibility or level of benefits, or • a change is reported by the group or discovered by ESA that affects the group’s eligibility or level of benefits and is unrelated to the original hearing request and the group fails to request a hearing after a timely and adequate adverse action notice is sent because of the change. Example Mr. Logan requests a hearing after being notified that his TANF check will be reduced because he failed to cooperate with CSED. His TANF benefits are continued at the original level, because he does not agree to a reduction pending the hearing. While his hearing is pending, the SSR receives a request to sanction Mr. Logan for nonparticipation in work activities. The SSR sends an adverse action