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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

1 Section 700 Change #03-2022 July 01, 2022 FNS 700 Hearings Change #03-2022 July 01, 2022

700.01

AVAILABILITY OF FAIR HEARINGS An opportunity for a fair hearing must be provided to any household “aggrieved” by any action of the county department of social services (DSS) or coupon-issuing agency which affects the participation of the household in Food and Nutrition Services (FNS). A State Hearing Officer, from the Department of Health and Human Services will hold a hearing in accordance with North Carolina General Statutes (NCGS) 108A-79. 700.02

TIMELY ACTION ON HEARINGS The hearing must be conducted, the decision rendered, and the household and the county department notified of the decision within 60 days of receipt of a request for a fair hearing. A. The date of receipt of a request is the date the oral or written request is received by the county and is the date entered on the DSS-1473 in the blank beside “Date of Appeal Request.” See also 700.09, Time Period for Requesting Hearing, and the DSS-1473 Request for State Appeal. The county worker must complete the mode section prior to submitting the form to the Hearings & Appeals Section. If it is unclear from the household’s request what mode and/or action it wishes to appeal, then the county department should request the household to clarify its grievance, so the mode and/or action being appealed is clearly stated on the DSS-1473. B. If the decision results in a decrease in the FNS unit’s benefits, make the change in the next scheduled issuance following receipt of the hearing decision. C. If the decision results in an increase in the FNS unit’s benefits, make the change in the allotment within ten calendar days of the date of receipt of the hearing decision. Issue a supplement, if necessary, to meet this requirement. However, the county department may take longer than ten calendar days if the FNS unit’s normal issuance cycle will occur within 60 days from the date of the FNS unit’s request for a hearing. 700.03

HOUSEHOLD REQUEST FOR POSTPONEMENT The FNS unit may request and is entitled to receive a postponement of the scheduled state hearing. The postponement cannot exceed 30 days, and the time limit for action on the decision may be extended for as many days as the hearing is postponed. For example, if a hearing is postponed for ten days, notification of the