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NOTE: No action can be taken on the case until the 15-day limit for appeal has passed.
After the appeal period, if the decision is:
1. Favorable to the claimant, the Department’s Representative must correct any under issuance of benefits within 10 days of receipt of the hearing decision or,
NOTE: The Department’s Representative may take longer than 10 days if it elects to make the issuance correction in the next benefit month’s issuance.
2. Favorable to the Department (action is upheld), the Department’s Representative must establish an over issuance/overpayment claim to recover benefits issued pending the decision, if appropriate, and/or impose the adverse action prior to the next benefit issuance if timely notice can be provided (SNAP 1504-1).
HEARING RECORD:
If the Claimant or Department appeals the administrative hearing decision to the Board of Public Assistance, a record of the hearing proceedings will be compiled for the Board to review.
The hearing record is made up of:
1. The Hearing Officer's decision. 2. The 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:
a. The claimant or representative at a place accessible to him/her at a reasonable time for inspection and copying.
NOTE: The place may be the OPA of claimant’s residential county or other location acceptable to all parties.
b. To the public for inspection and copying.
NOTE: Client name, address and any other identifying information must be kept confidential.