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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

6 Section 700 Change #03-2022 July 01, 2022 700.12

REDUCTION OR TERMINATION PRIOR TO HEARING DECISION If the FNS unit requests a fair hearing regarding an overissuance claim, do not proceed with an allotment reduction; • Add a Fair Hearing Indicator For FNS. The Fair Hearing Indicator is found on the Product Liability Case (PLC/claim). • Before adding a Fair Hearing Indicator, confirm it is within 90 days of the LOI send date. NC FAST does not prevent adding the Fair Hearing Indicator after the 90 days have passed. • From the PLC, click the Tab Actions Menu then select Add Hearing. The New Claim Hearing pop-up appears. • Click the Type drop-down menu then select Fair Hearing. Enter the Effective Date. o Note: The Effective Date must be after the LOI sent date; it cannot be a future date. • Click Save. The PLC appears. o Note: To view the new Fair Hearing line item, click the Debtor Indicators tab. • Remove the Fair Hearing Indicator, once the hearing is decided, or the hearing is denied or dismissed. • From the PLC, click the Tab Actions Menu then select Remove Hearing. The End Claim Hearing pop-up appears. • Enter the End Date. Note: The End Date is the Post Hearing Date. • Click Yes. o Note: This date must be date of the DSS-8658 Post Hearing Decision Notice, which should be 10 days after the Fair Hearing Decision date. This resets the debtor’s TOP Delinquency Clock and is only relevant to FNS claims. The PLC appears. • To view the End Date, click the Debtor Indicators tab. • Click the TOP Indicator folder. The TOP Indicator folder appears. • Click the toggle beside the Debtor to view the Post Hearing Date. While a fair hearing decision is pending an action regarding any action other than one regarding an over issuance claim, do not reduce or terminate continued or reinstated benefits unless: A. The certification period expires. The FNS unit may reapply and may be determined eligible for a new certification period with a benefit amount as determined by the county department; B. The Hearing Officer makes a preliminary determination, in writing and at the hearing, that the sole issue is one of federal law, regulation, or policy and that the FNS unit's claim that the county department improperly computed the