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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

13 Section 700 Change #03-2022 July 01, 2022 Hearing Officer may be contacted at the above listed address or fax number or by calling (919) 855-3260. If a request for a time extension to submit a written argument or a request for an oral argument is received by the Chief Hearing Officer within ten (10) calendar days of the date the tentative decision was signed, an extension will be granted, and a letter will be mailed stating the date the written argument is due or the date and time the oral argument will be heard. After further review of the official record and argument(s), the designated official of the Department will render a final decision. If written argument, request for a time extension to submit a written argument, or a request for oral argument is not submitted within the ten (10) calendar day timeframe, the tentative decision shall become final without further notice being given. If the hearing was on a repayment issue, the county will send a DSS-8658 Post Hearing Repayment Notice (Figure 705-1) to tell the household they still owe the claim if the ruling was in favor of the county. 700.26

NOTIFICATION OF FINAL DECISION If oral or written arguments are timely requested within ten calendar days, after further review of the official record and argument, the designated official of the Department will render a final decision that shall be sent to the household and the county department. If the hearing was on a repayment issue, the county will send a DSS-8658 (Post Hearing Repayment Notice) to tell the household they still owe the claim if the ruling was in favor of the county. 700.27

REVIEW OF DECISIONS (Reserved) 700.28

FURTHER APPEAL Final decisions of the Department of Health and Human Services can be appealed to Superior Court by the household in accordance with North Carolina General Statute 108A-79(k) et seq. provided such appeal is filed within 30 days of the date of receipt of the final decision. The county has no further appeal rights after a Final Decision. 700.29

PUBLIC INSPECTION All hearing records and decisions will be available for public inspection and copying, subject to the disclosure safeguards provided in Section 130.01, Disclosure of Information. (The name and/or other identifying information must be blanked out or otherwise restricted from release.) 700.30

IMPLEMENTATION OF FINAL DECISION The county department is responsible for ensuring that all final hearing decisions are reflected in the FNS unit’s allotment within the time limits specified in 700.02, Timely Action on Hearings.