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MS 0490 (1) Volume 1 - General Administration MS 0490 - R. 2/1/15 - OMTL-481 Program Participation Pending the Hearing - SNAP Depending upon the circumstances of the case, the recipient is entitled to participate during the hearing process. The worker explains to the recipient that: A. Participation is continued in the following circumstances: 1. If the recipient requests a hearing during the 10-day timely notice period, participation is continued on the basis authorized immediately prior to the timely action notice unless the recipient specifically waives continuation of benefits. The recipient is advised that if the hearing finds the agency’s decision was correct and the household was ineligible for all or part of the Supplemental Nutrition Assistance Program (SNAP) benefits received pending the hearing officer's decision, a claim is established against the household for the value of extra benefits received. 2. If benefits are reduced or terminated as a result of a mass change without individual notice of timely action, benefits are reinstated on the prior basis only if the issue contested is that eligibility or benefits were improperly computed or that federal law or regulations were misapplied or misinterpreted by the agency and if the household requests the continuation. B. Once continued or reinstated, benefits are not reduced or terminated unless: 1. The certification period expires. Upon expiration of the certification period, the recipient can reapply and have eligibility redetermined. 2. A change affects the household's eligibility or basis of issuance while the hearing decision is pending, and the household fails to request a hearing after the subsequent notice of adverse action. 3. A mass change affects the household's eligibility or basis of issuance while the hearing is pending. 4. The hearing officer makes a preliminary determination in writing, and at the hearing, that the sole issue is one of federal law or regulation and the household's claim that the State Agency improperly computed the allotment or misinterpreted or misapplied such law or regulation is invalid. The household is notified by form KIM-105, General Notice of Action, when benefits are reduced or terminated pending the hearing officer's decision. 5. [The household fails to appear for the hearing, and the Office of Administrative Hearings (OAH) notifies the local office that the hearing request has been abandoned. If the household fails to appear, reduce benefits effective with the next monthly issuance. The household is notified by form KIM-105.]