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SNAP/TANF Program Policy Manual CHAPTER: 4200 SECTION: 4200.00.00 APPEALS AND FAIR HEARINGS APPEALS AND FAIR HEARINGS 4200.00.00 APPEALS AND FAIR HEARINGS

This chapter presents information relating to appeals, fair hearings, and Administrative Disqualification Hearings (ADH), and includes: • Appeals (Section 4205); • Fair Hearings (Section 4210); • Administrative Disqualification Hearings (Section 4215); and Footnotes for Chapter 4200 (Section 4299). 4205.00.00 APPEAL REQUEST

An appeal is a request for a fair hearing before a representative of the Central Office Hearings and Appeals Section for the purpose of deciding whether the action taken or proposed by the DFR is correct. It is any clear, written expression by the applicant/recipient, or individual authorized to act for the applicant/recipient that an appeal is being requested. (f1)

For SNAP only, an appeal request may be made verbally as well as in writing. (f2)

For all other programs, if a verbal request is made, the request is to be noted and the AG informed that the request must be made in writing.

Written appeal requests must be filed with the Division of Family Resources in one of the following ways: • Mail or fax to the FSSA document center; • File in person with the DFR.

An Administrative Law Judge (ALJ) of the Central Office, Hearings and Appeals Section, will conduct a fair hearing on the action(s) under appeal and will render a decision on the findings of the hearing. This decision is binding on the DFR. 4205.05.00 RIGHT TO APPEAL

All individuals must be informed in writing at the time of application and when action is taken which affects their benefits, of: • The right to a fair hearing; and • The method for requesting a hearing. (f4)

This information is contained in the Rights and Responsibilities which is given to applicants and is also on all eligibility notices.