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B. Interim Reviews (1) Within fourteen (14) days of receiving the hearing request, the Department will conduct an interim review of the findings pursuant to S.C. Code Ann. Section 20-7-655(E) and will transmit a written notice of the outcome of such review to the OAH. (2) If the finding is reversed upon an interim review, the OAH shall notify both parties that the case is closed. C. Decision (1) A decision shall be rendered by a three-member committee, composed of a hearing officer and two department representatives who have program knowledge and who are appointed by the State Director of the Department of Social Services; however, no department representatives shall be residents of or employees of the county where the case originates or, if the case decision being appealed involves institutional abuse, a member of the investigative unit which investigated the case. (2) All committee members shall be present for the hearing; however, if a committee member is absent the parties may agree to proceed in his or her absence provided that the absent member listens to a tape recording of the full hearing prior to rendering a decision. HISTORY: Added by State Register Volume 24, Issue No. 7, eff July 28, 2000. 114–180. Eligibility Hearings. A. This section applies to any claims under the Family Independence and Food Stamp Programs, Administrative Disqualification Hearings and Electronic Benefit Transfers. B. These hearings shall be conducted by use of the telephone, with the client and the caseworker situated in the client’s county of residence and the hearing officer situated in the State Office, unless: (1) The client requests a face-to-face hearing; (2) The hearing officer determines that a face-to-face hearing is necessary. C. Family Independence and Food Stamps (1) Procedure (a) Requests for hearing must be filed with the caseworker or the OAH within sixty (60) days of notice of the adverse action for Family Independence and within ninety (90) days of notice of the adverse action for Food Stamps. (b) The three-member hearing committee shall be composed of a hearing officer and two members, designated by the State Director of the Department of Social Services, who have appropriate program knowledge. (c) Decisions are based upon a majority vote. All reasonable efforts will be made to reach a decision acceptable to all panel members in accordance with Federal and State laws and regulations. (d) A client is not entitled to a hearing of a reduction in benefits if said reduction results from federal or state law that affects the amount of benefits all recipients receive. (2) Continuation of Benefits Pending Appeal (a) Family Independence - a claimant/petitioner may request continued benefits if he or she requests a hearing within ten (10) days of receipt of notice of the adverse action. (b) Food Stamps (i) Food stamps shall be continued if: (a) the claimant requests the hearing within the advance notice period; (b) the case would be open if the adverse action had not been initiated. (ii) Cases that closed because the certification ended are not eligible for continued benefits. (iii) A claimant can elect to refuse continued benefits. (c) Continued benefits under the Food Stamp and Family Independence programs are subject to recoupment without additional appeal rights, if the decision becomes final and is not in the claimant’s favor.