9090.5 Fair Hearings

Any household that has its allotment reduced, suspended, or cancelled as a result of an order issued by FNS in accordance with these rules may request a fair hearing if it disagrees with the action, subject to the following conditions: 1) DSS will not be required to hold fair hearings unless the request for a fair hearing is based on a household's belief that its benefit level was computed incorrectly under these rules or that the rules were misapplied or misinterpreted. 2) DSS will be allowed to deny fair hearings to those households who are merely disputing the fact that a reduction, suspension, or cancellation was ordered. Since the reduction, suspension, or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by Congress, households do not have a right to continuation of benefits pending the fair hearing. A household may receive retroactive benefits in an appropriate amount if it is determined that its benefits were reduced by more than the amount by which DSS was directed to reduce benefits.