loading…
loading…
loading…
Each applicant/recipient has the right to examine his/her case record. The Department will provide his/her case record for examination by the applicant/recipient during normal business hours, or the Department will make copies available at the cost of reproduction. The Department may withhold confidential information about the applicant/recipient obtained without his/her knowledge, confidential information about other individuals contained within the household's shared case record, or information on the nature and status of pending criminal prosecutions. However, all information that forms the basis of an adverse action must be released. The public has the right to examine handbooks, manuals, and supplemental instructions issued by the Department concerning the administration of IMA programs and policies. The Department will make these documents available within ten days of the date of request for examination by the public during normal business hours. Each applicant/recipient has the right to be represented by or accompanied and assisted by an individual of his/her choice in all contacts with the Department, including during application, eligibility determination, recertification/redetermination, administrative review, and fair hearing. Each applicant/recipient has the right to appeal any action or decision made by the Department, and each individual has the right to have an administrative review or a fair hearing regarding any action or decision made by the Department. Each applicant/recipient who has received an adverse fair hearing decision regarding the receipt of benefits has the right to request a judicial review. An individual does not forfeit or compromise any of these rights by applying for benefits, receiving benefits, requesting a fair hearing or administrative review, requesting a judicial review, or reporting discriminatory or unfair practices.
SPECIFIC PROGRAM RIGHTS OF RECIPIENTS 1.4
ALL Each recipient has the following rights: to timely and adequate notice by the Department when it intends to: discontinue, o terminate, o suspend, reduce benefits, or change the manner or form of benefits. to receive notice of a change in or termination of benefits including: the specific reasons and legal authority for the intended action or decision, the conditions under which benefits and assistance are continued, his or her right to a fair hearing on the proposed action, the method for obtaining a fair hearing, and the right to representation. to be afforded a reasonable opportunity to resolve the discrepancy before a determination of eligibility can be made when unverified information from a source other than the household contradicts statements made by the household. to timely notice during which assistance shall not be suspended, reduced, or terminated, or the manner of payment changed until: the advance notice period has expired and the applicant/recipient has not requested a hearing, or a hearing decision is reached. to request, verbally or in writing, a fair hearing within 90 days following the effective date of a notice of adverse action. If the request for a fair hearing is made before the effective date of the adverse action, the benefit will continue to be provided (unless the customer