Page 410

In all cases the decision of the ALJ is based solely on the evidence introduced at the hearing and the appropriate federal and state laws and regulations. The finding of fact and decision is signed by the ALJ. The decision is to be explained to the appellant upon request. 4210.30.05 FAIR HEARING DECISION TIME LIMIT

For SNAP, According to federal law, the final hearing decision must be made by the ALJ and communicated to the appellant and the DFR within 60 calendar days of the hearing request unless there is a request for a continuance.

For Cash, the final hearing decision must be made by the ALJ and communicated to the appellant and the DFR within 90 calendar days of the hearing request. 4210.30.10 ACTION REQUIRED AS A RESULT OF THE HEARING DECISION

The decision of the Hearings and Appeals Section shall be binding upon the DFR and is to be enacted by the DFR even if one of the parties requests an Agency Review. (f29)

Such decisions do not preclude modifying the benefit thereafter to meet changed conditions. 4210.30.10.05

ACTION IS SUSTAINED

No further action or response is required by the DFR if the hearing decision sustains an adverse action which was not appealed in a timely manner.

If the hearing decision sustains an adverse action and continued benefits were received, the DFR must immediately take appropriate corrective action, establishing a claim for benefits which were received pending the hearing decision. Additionally, action to implement the correct budget should be taken. (f30) 4210.30.10.10

ACTION IS MODIFIED

DFR actions which are modified by the hearing decision must be immediately corrected as directed by the hearing decision. This may require a claim for incorrectly issued benefits or a restoration if benefits were under issued. 4210.30.10.15

ACTION IS REVERSED

If the hearing decision reverses the DFR's action, and continued benefits were received, no further action is required. However, if the hearing decision reverses the DFR's action, and continued benefits were not received, immediate corrective action must be taken. Please refer to Section 4210.30.00.