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4205.25.00 CONTINUATION OF BENEFITS

The recipient is entitled to continued benefits after requesting a hearing only if the request is received within the following time periods.

For SNAP the request must be received within: • 13 days of the mailing date of the Notice of Action; • The 13-day limit may be extended if there is good cause. • 10 days after a hand delivered Notice of Action is received by the recipient. (f18)

For CASH (TANF/RCA) the request must be received within: • 13-days of the mailing date of the Notice of Action. • 10-days after a hand delivered Notice of Action is received by the recipient. (f18)

If the last day of the time period falls on a non-business day, the appeal request is considered timely if it is received on the next business day.

Continued benefits are not available for appeals regarding the 24-month or 60-month limit of benefits.

Once continued benefits are allowed, benefits are not to be reduced or terminated prior to receipt of the official hearing decision unless one of the following conditions apply: (f19) • A change affecting the AG's eligibility or basis of issuance occurs while the hearing decision is pending, and the AG fails to request a hearing after the subsequent notice of adverse action; • For SNAP, the ALJ makes a preliminary determination, in writing and at the hearing, that the sole issue is one of federal law or regulation and that the AG's claim that the Local Office improperly computed the benefits or misinterpreted or misapplied such law or regulation is invalid; • For SNAP only, the eligibility period expires. The AG may reapply and may be determined eligible for a new eligibility period with a benefit amount as determined by the Local Office; 4205.30.00 APPEAL PROCEDURES

All written appeals filed with the DFR are to be immediately forwarded to the Office of Administrative Law Proceedings (OALP). All requests must be entered into the system within one day of receipt.

The DFR should inform the OALP if a hearing request is received from AGs such as farm workers that plan to move, so that the request can be expedited to enable a decision to be reached before the AG leaves the area. 4205.35.00 THE HEARING NOTICE

The OALP sends a notice acknowledging the appeal to the AG and the DFR. (f21)