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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual ● Benefits are reduced or terminated as a result of mass change without individual notice of adverse action. Benefits can only be reinstated if the issue being appealed is a misapplication of policy or benefits were improperly computed. If subsidy benefits are continued, such benefits are subject to recovery by the Child Care and Development Program if the customer withdraws the hearing request, abandons the hearing, or the Child Care and Development Program’s action is upheld by the Hearing Officer. 791.2 Reducing or Ending Benefits Before the Hearing Decision Benefits continued or reinstated during the hearing process cannot be reduced or ended before the hearing decision unless: ● Another change adversely affects the household and a hearing is not requested on the later change; ● A mass change affects the household’s eligibility; (Benefits must be adjusted accordingly.) ● The customer or A/R requests in writing benefits not be continued; or ● The certification period expires. Note: If benefits are continued and the certification period expires, the customer can submit a timely application for renewal and have eligibility determined for the new certificate period. 792 Hearing Procedures 792.1 Pre-Hearing Conference Child Care staff must contact the customer or A/R within 10 calendar days of receipt of a hearing request to schedule a pre-hearing conference to discuss the action being contested. The pre-hearing conference shall be held as soon as possible, but no later than 30 days of receipt of the hearing request. The conference can be held in-person or by telephone. Rescheduling of a pre-hearing conference should be kept to a minimum, assuring completion by the required due date. Rescheduling at the customer's request is allowed only if "good cause" is substantiated. Good cause is defined as a factor(s) beyond the customer's control such as illness or an unavoidable absence from their area of residence. Every effort is made to reconcile the contested action without the necessity of a hearing; however attempted resolution at the Child Care office level DOES NOT in any manner affect the right to a hearing. If a pre-hearing conference is held, Child Care staff must complete Conference/Hearings form 2254-EH detailing the conference and the resulting conclusion. Child Care staff must include on the form if the conference is held in-person or by telephone. The customer’s or A/R’s signature is required on the report if the conference is in-person. If at the conclusion of the pre-hearing conference a withdrawal of the hearing request is requested by the customer or A/R, a copy of the Conference/Hearings form detailing the reasons why the request for a hearing is being withdrawn must be completed. A copy of this form must be forwarded to the DWSS AAU within 3 business days following the date of the pre-hearing conference. 700- Program Violations, Overpayments, Hearings [16] MTL 01/24 July 1, 2024