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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS
5 Section 700 Change #03-2022 July 01, 2022 700.10
DENIAL OR DISMISSAL OF REQUEST A request for a fair hearing can be denied or dismissed for the following reasons: A. The hearing request was not received within the time period specified in 700.09, Time Period for Requesting Hearing. B. The hearing request is withdrawn in writing by the FNS unit or its representative. C. The FNS unit or its representative fails, without good cause, to appear at the scheduled hearing. D. The household or representative orally withdraws the request. 700.11
CONTINUATION OF BENEFITS If the FNS unit requests a fair hearing within the ten-day advance notice period for the Notice of Adverse Action, continue benefits on the basis authorized immediately prior to the Notice of Adverse Action, as long as the certification period is not expired and the FNS unit does not waive continuation of benefits. A. Unless the hearing request indicates that the household has waived continuation of benefits, the county department must continue the benefits. B. If a hearing request is made after the expiration of the ten-day advance notice period provided by the Notice of Adverse Action, reduce, or terminate benefits as proposed in the notice. C. If the FNS unit establishes that its failure to make the request within the advance notice period was for good cause, reinstate the benefits to the prior level.
D. When benefits are reduced or terminated due to a mass change, reinstate benefits to the prior level only if the issue is that eligibility or benefits were computed incorrectly or that federal law or policy is being misapplied or misinterpreted. E. Do not continue benefits at the prior rate when the hearing request is the result of recertification. F. Do not continue benefits at the prior rate once a certification period ends. G. Do not end continuation of benefits because a local conference finds in favor of the county when the recipient has not withdrawn his/her request for a State Level Hearing.