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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

13 Section 705 Change #03-2022 July 01, 2022 within 15 days of receipt of the ADH decision. Allow 30 days for a client to request a State Disqualification Hearing when the ADH decision notice was returned to the local agency and not received by the client.

B. For State Disqualification Hearings, the Hearing Officer is a State Hearing Officer who represents the State Director, Division of Social Services. C. The State Office of Hearings and Appeals provides written notice to the individual and the local agency at least ten (10) days in advance of the State Disqualification Hearing. Certified mail is not required. D. A new State Disqualification Hearing is conducted, and a final decision rendered within 60 days of the request. A hearing is not conducted when the individual or their representative fails to contact the agency by telephone or attend the State Disqualification Hearing without good cause. The decision of the ADH is automatically upheld. The prior decision is not considered in a new hearing. A State Disqualification Hearing will be rescheduled if the client contests the tentative decision within ten (10) days and provides “good cause” for not contacting the agency by telephone or appearing at the hearing. E. The local agency cannot appeal or contest a local ADH decision in favor of the client. 705.22 STATE LEVEL DECISION A tentative decision is prepared and sent by the State Hearing Officer to the individual and the local agency representative. The decision becomes final unless either party requests (orally or in writing) to present oral and/or written arguments. The request must be made within ten 10 calendar days of the date of the tentative decision. The household and the county may present written and oral argument for and against this decision. Written argument, a request for a time extension to submit a written argument, or a request for oral argument must be submitted to the Chief Hearing Officer within ten (10) calendar days of the date the tentative decision was signed. Written argument may be mailed to the North Carolina Department of Health and Human Services, Hearings and Appeals, Attn: Chief Hearing Officer, 2418 Mail Service Center, Raleigh, NC 27699-2418 or faxed to 919-715-1910. For oral argument or a request for a time extension to submit a written argument, the Chief 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