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4200.00.00 APPEALS AND FAIR HEARINGS This chapter presents information relating to appeals and fair hearings, and includes: Appeals (Section 4205) Fair Hearings (Section 4210). 4205.00.00 APPEAL REQUEST An appeal is a request for a fair hearing before a representative of the FSSA Administrative Law Proceedings for the purpose of deciding whether the action taken or proposed by the agency is correct. An appeal is any clear, written or verbal expression by the applicant/recipient, or individual authorized to act for him, stating that he wants an opportunity to appeal.1 If a verbal request is made, the phone call will be recorded for future reference, and a case note should be made that an appeal request was made over the phone with relevant details. A separate written appeal request is not required.1

Appeal requests must be filed with the Division of Family Resources (DFR) in one of the following ways: Mail or fax to the FSSA document center File in person at the Local DFR Office Verbally by calling the DFR Office An Administrative Law Judge (ALJ) of Office of Administrative Law Proceedings will conduct a fair hearing on the action(s) under appeal and will render a decision on the findings of the hearing.1 This decision is binding on the DFR. If an individual wishes to withdraw their appeal request, this can be accepted in all of the same methods as the initial appeal. (42 CFR 432.223).2 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.3 This information is contained in the Rights and Responsibilities listing, which is given to applicants, and is also on all eligibility notices. An individual’s freedom to make a request for fair hearing must not be limited or interfered with in any way.4 4205.05.05 ASSISTANCE IN EXERCISING THE RIGHT TO APPEAL