The Office of Administrative Hearings will ensure that:

A hearing is conducted;

A decision is reached; and

The local department and the household are notified of the decision within sixty days of the receipt of a request for an administrative hearing.

The local department will reflect decisions resulting in an increase in household benefits in the allotment within ten days of the receipt of the hearing decision, even if the local department must provide the household with an opportunity to obtain the allotment outside of the normal issuance cycle.

The local department may take longer than ten days if it elects to make the decision effective in the household’s normal issuance cycle, provided the issuance occurs within sixty days from the household’s request for a hearing.

Decisions resulting in a decrease in household Supplemental Nutrition Assistance Program (SNAP) benefits are reflected in the next scheduled issuance following receipt of the hearing decision.

460.18 Implementation of Hearing Decisions

The local department will:

Ensure that all final hearing decisions are reflected in the household’s allotment within the time limits specified in Section 460.17;

Provide lost SNAP benefits to households in accordance with Section 470 Restoration, when the hearing authority determines that a household was improperly denied SNAP benefits or issued a lesser amount than was due;

Restore SNAP benefits to households that are leaving the project area before the departure whenever possible;

460.18 Implementation of Hearing Decisions (continued)

Accept an authorization and issue the appropriate benefit if the notice is presented in a new project area by the household or received directly from another project area; and

Prepare a claim against the household for any over-issuance when the hearing official upholds the local department’s action.

460.19 Continuation of Supplemental Nutrition Assistance Program Benefits

Except as described in 460.19 B, below, the local department will automatically continue or reinstate SNAP benefits if a household requests an administrative hearing within ten calendar days of the later of:

The mailing of timely and adequate notice;

The date of the agency’s action if the agency failed to give timely notice; or

The date the agency was required to act on an application or make an adjustment to SNAP benefits and failed to act.

The local department will not continue or reinstate benefits pending appeal if:

The household requests that benefits not be continued or reinstated; or

Its certification period has expired.

When benefits are reduced or terminated due to a mass change, reinstate participation on the prior basis only if the issue being contested is that eligibility or SNAP benefits were improperly computed or that Federal law or policy is being misapplied or misinterpreted by the local department.

If a household requests a hearing send the household DHS/FIA 334 (Appeal for Administrative Hearing Form) for completion and return.

Assume that the household desires the continuation of SNAP benefits and issue them accordingly if the form does not positively indicate that the household has waived the continuation of benefits.

Establish a claim against the household for all over-issuances if the local department’s action is upheld by the hearing decision.

460.19 Continuation of Benefits (continued)

Reduce or terminate the household’s benefits (as provided by the advance notice) if a hearing request is not made within the advance notice period.

NOTE: If the household establishes that its failure to make the request within the advance notice period is for good cause, reinstate the benefits on the prior basis.

Once continued or reinstated, do not reduce or terminate SNAP benefits prior to the receipt of the official hearing decision, unless:

The certification period expires. (The household may reapply and determined eligible for a new certification period with a SNAP benefit amount as determined by the local department.);

The hearing official makes a preliminary determination (in writing and at the hearing) that:

The sole issue is one of Federal law, regulation or policy; and

The household’s claim that the local department computed the benefit incorrectly or misinterpreted or misapplied such law, regulation or policy is invalid;

A change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending and the household fails to request a hearing after the subsequent notice of adverse action; or

A mass change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending.

NOTE: The local department informs the household in writing if benefits are reduced or terminated pending the hearing decision.