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Mississippi has established objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including the opportunity for recipients who have been adversely affected to be heard in a State administrative or appeal process. The State will administer the due process notification of adverse action with an opportunity for a fair hearing handled independently of the county office eligibility and/or benefit level decision to resolve any recipient benefit decreases, terminations, or related issues. Basic assistance program eligibility criteria and benefit levels are the same statewide. Criteria or Basis for a Hearing An applicant or recipient has a right to appeal decisions regarding eligibility for assistance including the following issues: 1. Decisions regarding eligibility and/or amount of TANF benefits 2. Conditions of payment or repayment 3. Denial of opportunity to make application or reapplication of benefits 4. Undue delay in determining eligibility for TANF and in making TANF benefits available 5. Suspension or discontinuance of TANF benefits in whole or in part 6. Assignment or participation issues in the TANF Work Program, including work exemptions, supportive services, good cause, etc. 7. Decisions regarding cooperation with the Division of Child Support Enforcement and good cause claims 8. Application of penalties which results in rejection of application, case closure, or reduction of benefits NOTE: Some issues that are established by law are not subject to the fair hearing process, such as the maximum TANF benefit level. Requesting a Hearing TANF applicants or recipients have the choice of either an agency conference or a state hearing to appeal any decision made on their cases. Individual may bypass the agency conference and request a state hearing, or if they choose to request an agency conference and are dissatisfied with the result, a state hearing may then be requested. The individual must make the request for a hearing in writing and sign the request. The claimant may be represented by any one designated; however, the designation must be made in writing. The request for a hearing may be made by: 1. Checking in the space provided on any of the notification forms 2. Writing a letter indicating a request for a hearing 3. Completing form MDHS-EA-305, Request for a Hearing The individual may make the request orally, but this must be followed by a formal written request. The worker will assist the individual by explaining how to request a hearing, sending the form MDHS-EA-305 (Request for a Hearing) to the individual who does not wish to write a letter and