Page 919

Volume III | Chapter 13

closed as a result of the 60 month counter or termination of extended benefits. Hearing Request as a Result of Case Closure An individual may request a hearing within 90 days following the expiration of the advance notice period when his case is closed. Just as in the change of a case, when this request for a hearing is made within 10 days of the date of the closure notice, assistance must be continued with benefits unreduced during the hearing process unless the recipient specifically states he does not want benefits continued. If benefits are continued, the individual should be advised that if the hearing

13001 Volume III | Chapter 13 decision is not in his favor, he will be required to pay back any assistance for which he was not eligible. NOTE: A case closure for a pure TANF sanction will not result in a claim if benefits are continued. A sanction will be imposed if the hearing decision is in the Agency s favor. However, if benefits are received because of unreported information, a claim would be established in addition to a sanction. State Hearing Request after Local Hearing When the individual has had a local hearing and is not satisfied with the outcome, he must request a state hearing within 90 days following the expiration of the advance notice of case change or closure. NOTE: If the 10th day falls on a weekend or holiday, the individual must always be given until the first working day following the weekend or holiday to prevent the action or to request continued benefits. INDIVIDUAL'S RIGHTS IN HEARING The applicant or recipient has the following rights in a hearing: 1. To present facts about his circumstances and eligibility orally or by documents 2. To have an attorney, relative, or friend to assist him if he wishes or to present the facts for him 3. To question adverse witnesses about the information they have about his eligibility 4. To examine the hearing folder. This may be done before, during, or after the hearing. The claimant or his representative is to examine the hearing folder in the county office and is not to MISSISSIPPI [ HEARING PROCESS: GENERAL INFORMATION ]

Revised 03 - 01 - 12