Page 226

S N A P M A N U A L

226 (E) The household, or its representative, withdrew the fair hearing request orally or in writing and did not advise the Agency of its desire to reinstate the fair hearing within 10 days.

1 8 . 4 M A S S C H A N G E S The household is entitled to request a fair hearing when it is aggrieved by a mass change. NOTE: A household which requests a fair hearing due to a mass change is entitled to continued benefits at its previous level only if the household meets three criteria: (A) The household does not specifically waive its right to a continuation of benefits; (B) The household requests a fair hearing timely (within the10 day adequate notice period); and (C) The household's fair hearing is based upon improper computation of SNAP eligibility or benefits, or upon misapplication or misinterpretation of Federal law or regulation.

EXCEPTION: The household is NOT entitled to a fair hearing when benefits are reduced or terminated due to an order issued by FNS and participation on the prior basis must be reinstated only if the issue being contested is that eligibility or benefits were improperly computed or that a Federal law or regulation is being misapplied or misinterpreted by the Agency.

NOTE: For this exception to be applicable, the Agency should provide OAH a copy of the order issued by FNS. This exception does not apply to changes in state cost-of-living adjustments, SSA/SSI cost-of-living adjustments, or changes in SCCAP allotments as these mass changes are not a result of an FNS order.

1 8 . 5 R E S P O N S I B I L I T I E S R E G A R D I N G T H E F A I R H E A R I N G P R O C E S S (1) Responsibilities of the Agency’s Economic Services worker

The Economic Services worker has the following responsibilities regarding procedures for fair hearings:

(A) Inform the household of fair hearing rights at application or recertification.

(B) Conduct a pre-hearing conference with the household to discuss the proposed action once a fair hearing has been requested either verbally or in writing. The pre-hearing conference may be conducted over the telephone. Any action deemed necessary as a result of this conference must be taken immediately. A fair hearing must still be held unless the household withdraws the hearing request; or indicates to OAH or the Economic Services worker/supervisor they no longer want a hearing.