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S N A P M A N U A L

234 (C) The available appeal rights. (3) Time frames

The household must be informed of the decision by the Fair Hearing Committee within 60 days of the initial request for a fair hearing by the household.

The Agency must effectuate any change in benefits within 10 days of receiving the final decision. In the event of an over-issuance, the Economic Services worker must establish a claim against the household. (4) Motion for reconsideration

Any party (county or household) aggrieved by a final fair hearing decision may, within 10 days of the service of the order, file a written Motion for Reconsideration, which will specify in detail the grounds for relief sought and supporting authorities.

The Motion for Reconsideration is a written explanation of the reason that the party disagrees with the hearing decision and any supporting evidence for this. There is no formal format for this. The Office of Administrative Hearings may order reconsideration on its own motion within 10 days after the service of the final order. The service of order is the date the fair hearing decision is received by the county or the household.

The filing of a motion for reconsideration will not suspend or delay the effective date of the order, and the order will take effect on the date fixed by the Office of Administrative Hearings and will continue in effect unless the motion is granted or until the order is super-ceded, modified, or set aside as provided by law.

A Motion for Reconsideration will only be granted on the basis of:

(A) A material error of law (B) A material error of fact (C) The discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence.

The Office of Administrative Hearings may order a rehearing or enter an order with reference to the motion without ordering a hearing and will dispose of the motion within 30 days after it is filed. If the Office of Administrative Hearings determines, in its discretion, that a rehearing is necessary, the matter will be set for further proceedings as soon as practical.

If after such rehearing, it appears that the original decision, order, or determination is in any respect unlawful or unreasonable, the Hearing Officer Manager or Individual and Provider Rights (IPR) Director’s designee may reverse, change, modify, or suspend the same accordingly.