5725.2 Notification and Request for Undue Hardship

The individual shall be notified of the right to request an undue hardship exception upon notification of the transfer disqualification. The claim of undue hardship must be made in writing to the agency and may be made anytime during the penalty period. The claim must identify the circumstances surrounding the transfer with an explanation as to why an undue hardship exception should be granted.

The facility in which the individual resides may assert a claim of undue hardship for the individual and provide supporting information on behalf of the individual if written consent to do so has been obtained from the individual or the individual's personal representative.