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90 | P a g e October 25 request is filed, services shall continue until such time as the Board completes its review and through the end of the month in which the final decision is reached by the Board.

BOARD REVIEW: The Board shall render a decision within ninety (90) days from the date of the request for a hearing and shall consider the proposal for decision, exceptions filed, briefs, oral arguments presented, and the record of the hearing before rendering said decision.

NOTICE OF BOARD DECISION: The Board shall:

1. Notify the claimant, the sub-grantee, and any other interested party of the Board's decision. 2. Notify the claimant or any other party of his/her right to judicial review.

IMPLEMENTATION OF DECISION:

DECISION IS FAVORABLE TO CLAIMANT: When a hearing decision is favorable to the claimant, the sub-grantee will promptly take the action necessary to correct any under provision of benefits resulting from the initiation of the hearing.

When a hearing decision is adverse to a claimant and the claimant has received continued benefits pending a hearing decision, the sub-grantee shall promptly take the appropriate action to recover the amount continued pending the hearing decision unless the claimant seeks Judicial Review, in which case the sub-grantee’s action to recover the payments (or that portion the claimant was not entitled to) shall be suspended pending the outcome of Judicial Review.

5.12 Judicial Review GENERAL RULE: A party to an appeal whoever is aggrieved by a final decision may seek Judicial Review of that decision by filing a petition in District Court within thirty (30) days after receipt of notice of the final decision. Judicial Review follows the Administrative Review, Fair Hearing, and Board Review.

"Party to an Appeal": This term includes the claimant or his authorized representative. It does not include the Department and its sub-units, including any sub-grantee office.

CONTINUATION OF BENEFITS DURING JUDICIAL REVIEW: Benefits to the claimant shall not continue during the Judicial Review, except by order of the court.

5.13 Denial or Dismissal GENERAL RULE: The Department shall not deny or dismiss a request for a Fair Hearing unless: