Page 7

Within 10 days of the Fair Hearing Officer or Board’s decision, Fair Hearing Unit staff must, depending on whether the decision is in favor of the claimant or Department, either correct any under issuance, or take action to collect any over issuance. NOTE: If the claimant appeals the Board’s decision, over issuance collection is suspended until the appeal is complete and a decision is rendered. HEARING RECORD: A record of the hearing proceedings is compiled. The hearing record contains: 1. Hearing Officer's/Board’s decision; 2. Verbatim transcript (if requested) or recording of testimony and exhibits; and 3. All exhibits, papers, and requests filed in the proceeding. The record is available to the: 1. Claimant to review/copy at a reasonable time and location acceptable to all parties; 2. Public to review/copy. All identifying information (e.g., name, address, etc.) must remain confidential. Fair Hearing and Appeal Chart:

Timeframe to submit appeal request Must be in writing? Continued benefits? How long are benefits continued? When must decision be implemented? Fair Hearing 90 days from date adverse action notice is mailed EXCEPTION: A hearing request regarding ability to pay for cost of care in an institution must be received within 30 days of notice mailing Yes Yes – if FH requested before effective date OR within 10 days of adverse action notice (when timely notice not sent) Through month FH decision is received

Within 10 days of receiving decision

Board Appeal 15 days after Fair Hearing decision is mailed Yes Yes – if benefits were continued through FH decision Through month Board decision is received Within 10 days of receiving decision District Court 30 days after Board’s final decision Yes No – unless court ordered

Within 10 days of receiving decision

Effective Date: July 01, 2016