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4205.20.00 TIME LIMITS FOR APPEALS

A request for an appeal must be made within a specified period of time. The time periods vary by program and are outlined in the following sections.

If the appeal request is not received within the required time limits, the appeal is invalid, and a hearing will not be scheduled. This determination that an appeal is untimely and therefore invalid is made by the Office of Administrative Law Proceedings (OALP), not the DFR. (f13) 4205.20.05 TIME LIMITS FOR REQUESTING APPEALS (S)

To be considered for continued benefits, an appeal must be received within 13 days. An AG is allowed to request a hearing on any action by the DFR or loss of benefits which occurred in the prior 90 days. Appeals must be received by close of business within 90 days from date of notice or the end of the current certification period, whichever is later. Close of business is 4:30 P.M., local time on the business day where the appeal is received.

The DFR must deny or dismiss a request for a hearing untimely filed. The DFR must act on the untimely appeal request as a request for a restoration and review the case. (See Section 4205.45.05 and Section 3610.15.15.)

In addition, at any time within an eligibility period an AG may request a fair hearing to dispute its current level of benefits. (f14) 4205.20.10 TIME LIMITS FOR REQUESTING APPEALS (C)

To be considered for continued benefits, an appeal must be received within 13 days. Appeals must be received by close of business not later than 33 days of the date of the action or issue being appealed. (f15) The 33-day period includes 3 days for mailing. Close of business is 4:30 P.M., local time on the business day that the appeal is received.

For recipients, the 33-day period is measured from the effective date of the action as recorded on the Notice. For actions taken on applications, the 33-day period is measured from the mailing date of the Notice. (f16) Additionally, if the last day of the 33-day time period falls on a non- business day, the appeal request is considered timely if it is received on the next business day.

In cases involving a delay in acting on the application, the time limit for appealing begins as follows: • 30 days after the date of application for TANF;

In cases in which action has not been taken on a reported change in circumstances: • The time limit for appealing begins with the first day of the second month following the month in which the change in circumstances was reported to the DFR.