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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

4 Section 700 Change #03-2022 July 01, 2022 basis for the "date of request" shown on the request form, DSS-1473. The county worker must also complete the mode section prior to submitting the form to the Hearings & Appeals Section. B. The county DSS should complete the DSS-1473 Request for State Appeal form and forward it along with the relevant documents to the Hearings and Appeals Section, NC Department of Health and Human Services, within five calendar days of receipt of the hearing request. The time span for timely action is crucial since a hearing must be conducted and a decision rendered within 60 calendar days from the date of the request for State Appeal. All sections of the form should be completed correctly, and all required documents attached before submitting the form to the Hearings and Appeals office. C. Distribute the original DSS-1473 to the Hearings and Appeals Section and save a copy in case file. D. Upon request, provide documents and the specific materials necessary for the FNS unit or its representative to determine whether a hearing should be requested or to prepare for a hearing. Advise the FNS unit of any legal services available that can provide representation at the hearing. E. The county department must process each request for a hearing under uniform rules of procedure that are consistent to the Federal Regulations. The uniform rules of procedures should be made available to any interested party. F. If the individual making the hearing request speaks only a language other than English, the county department is required by Section 140.04, Bilingual Requirements, to provide bilingual staff or interpreters who speak the appropriate language. The county department must ensure that the hearing procedures are verbally explained in that language. G. The county department must expedite hearing requests from households, such as migrant farmworkers, that plan to move from the county before the hearing decision would normally be reached. It must be clearly indicated on the DSS-1473 that the hearing needs to be expedited for a migrant farmworker. Hearing requests from these households will be processed faster than others if necessary, to enable them to receive a decision before they leave the county. 700.09

TIME PERIOD FOR REQUESTING HEARING A request for a fair hearing must be made within 90 calendar days of the action or loss of benefits the FNS unit wishes to appeal. This includes the denial of a request for restoration of benefits lost more than 90 days but less than a year before the request. In addition, at any time within a certification period, a household may request a fair hearing to dispute its level of benefits.