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COMBINED MANUAL

ISSUE DATE 02/2017

APPEAL HEARING PROCESS

0027.12

Send the written request for an appeal to the appeals office within 5 working days of receiving the client request.

Send the appeal summary to the client and the appeals office at least 3 working days before the date of the hearing.

Before the hearing, offer the client an agency conference to resolve the appealed issue informally. The conference must include a supervisor or the agency director. If the conference resolves the issue, ask the client to sign a written request to withdraw the appeal. Do not delay sending the appeal request to the Appeals Office pending an informal conference.

To allow for proper notification, the Appeals Office normally schedules a hearing within 30 days of receiving the appeal request. Hearings can be held sooner at the discretion of the Human Services Judge. The Human Services Judge may conduct a hearing face-to-face, by telephone, or videoconference. County agencies must have equipment necessary to conduct telephone hearings (such as a telephone speaker attachment).

Summarize the issues (including timeliness) and county actions leading to the appeal on the State Agency Appeal Summary (DHS-0035) (PDF). Attach copies of the notice of the action being appealed and any other relevant documents. Provide copies to the client and DHS at least 3 working days before the hearing. At the hearing the county representative must explain the action taken and respond to questions from the client and the Human Services Judge. The client may give additional evidence at the hearing. Evidence given at the hearing is the basis for the Human Services judge's recommendation and the commissioner designee's decision.

The Human Services judge recommends an order to the commissioner designee, who then issues an order affirming, reversing, or modifying the action of the agency or DHS. If the commissioner designee disagrees with the Human Services judge's recommendation, each party has 10 days to present additional written arguments. The commissioner designee then issues a decision.

The client or the county agency may ask the commissioner designee to reconsider within 30 days after the date the commissioner designee issues the order. A request to reconsider should state the reason(s) the dissatisfied party believes the original order is incorrect. The commissioner designee may reconsider an order upon request of either party or on the commissioner designee's own motion, and will then issue an amended order or an order affirming the original order. The original order takes effect even if there is a request to reconsider.

The client or the county agency may also appeal to district court within 30 days after the date the commissioner designee issues, amends, or affirms an order. Either party may also appeal to district court to enforce an appeal decision.

The commissioner designee can order that the client receive benefits during the entire time of appeal.

For additional SNAP appeal procedures required by FNS, see SNAP provisions below.

MFIP, DWP, MSA, GA, GRH: Follow general provisions.

SNAP: The client may appeal orally or in writing by sending the Appeal to State Agency (DHS-0033) to the DHS Appeals Office. The Appeal to State Agency (DHS-0033) may also be submitted via the internet. If an appeal request is given to the county agency, the request MUST be submitted to DHS within 5 working days after the client appeals orally or in writing. DO NOT delay submitting the appeal request if complete documentation is not yet received. This minimal information should include the basic information listed below:

● Client's information.

● Representative/Advocate information.

● Program(s).

● Action taken.